125 sw “e” street, madras, or 97741 telephone (541) 475 ... · 5/12/2020 · official madras...

of 3 Madras Redevelopment Commission-City Council Meeting Agenda May 12, 2020

125 SW “E” Street, Madras, OR 97741 Telephone (541) 475-2344 – Fax (541) 475-1038

City of Madras May 12, 2020 Madras Redevelopment Commission - City Council Meeting 5:30 p.m. City Council Chambers

In order to help limit the spread of COVID-19, the City of Madras is offering this meeting via teleconference. If members of the public have something they would like to bring before the Council, they may call in to the meeting. A teleconference moderator will be available to assist callers.

Cell phones (audio only) dial: 971-247-1195Meeting ID: 291 261 4668#

Land line phones (audio only) dial: 1-877-853-5257Meeting ID: 291 261 4668#

Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered at the above referenced meeting; however, the agenda does not limit the ability of the Commission or Council to consider additional subjects. Meetings are subject to cancellation without notice.

Minutes of this and all public meetings are available for review at the Madras City Hall. The meeting place is handicapped accessible. The City of Madras is an Equal Opportunity Provider. Those needing assistance should contact the City Recorder two (2) days in advance of the meeting.

MADRAS REDEVELOPMENT COMMISSION AGENDA

I. Call to Order

II. Pledge of Allegiance and Prayer

III. Roll Call

IV. Changes/Additions to Regular Agenda

V. Madras Redevelopment Commission Consent Agenda

All matters listed within the Consent Agenda have been distributed to every memberof the Madras Redevelopment Commission for reading and study, are considered tobe routine, and will be enacted by one motion of the Commission with no separatediscussions. If separate discussion is desired, that item may be removed from theConsent Agenda and placed on the Regular Agenda by request.A. Approval of April 28, 2020 MRC Meeting Minutes

VI. Visitor Comments (please observe time limit of 3 minutes)

VII. Detail Plus Building Improvement Loan Amendment for Additional Improvements

Community Development Director Nicholas Snead

VIII. Additional Discussion

IX. Adjourn


CITY COUNCIL AGENDA

I. Call to Order

II. Roll Call

III. Changes/Additions to Regular Agenda

IV. City Council Consent Agenda

All matters listed within the Consent Agenda have been distributed to every member of the City Council for reading and study, are considered to be routine, and will be enacted by one motion of the Council with no separate discussions. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request. A. Approval of April 28, 2020 City Council Meeting Minutes

V. Visitor Comments (please observe time limit of 3 minutes)

VI. Salvation Army Update – COVID-19 Community Response

Michael Johnson, Salvation Army Captain

VII. Acquisition of Tax Lot from Central Oregon Regional Housing Authority

Public Works Director Jeff Hurd

VIII. Utility and Access Easement Agreement between City of Madras and Lightspeed Networks


IX. Application for Federal Assistance (CARES Act) for Madras Municipal Airport


X. Resolution No. 21-2020

A resolution of the City of Madras amending, restating, superseding and replacing Resolution No. 14-2020 and authorizing the City of Madras to apply for local government grant program funds from the Oregon Parks and Recreation Department for the “Sahalee Park Restroom Relocation Project” in the amount of $480,000.00. Public Works Director Jeff Hurd

XI. Resolution 22-2020

A resolution of the City of Madras authorizing the Urban Renewal Agency of the City of Madras to establish and administer an Emergency Business Assistance Program. City Administrator Gus Burril


XII. Resolution 23-2020

A resolution of the City of Madras authorizing the City of Madras to apply for a Federal Assistance Build 2020 Grant and authorize the City Administrator to sign and date the grant application for the “US 97: Earl Street – Colfax Lane (Madras)” project in the amount of $28,000,000.00. Public Works Director Jeff Hurd

XIII. Vacation Rollover Extension

HR & Administrative Director Charo Miller

XIV. Cyber Security Policy

HR & Administrative Director Charo Miller

XV. Additional Comments, Announcements, and Department Reports

XVI. Adjourn

MADRAS REDEVELOPMENT COMMISSION

MEETING PACKET

MAY 12, 2020

of 4 Madras Redevelopment Commission Meeting Minutes April 14, 2020

OFFICIAL MADRAS REDEVELOPMENT COMMISSION MINUTES April 28, 2020

I. Call to Order The Madras Redevelopment Commission Meeting was called to order by Chairman Brick at 5:30 p.m. on Tuesday, April 28, 2020 in the Madras City Hall Council Chambers, 125 SW “E” Street in Madras, Oregon. Some commissioners and staff participated via teleconference. Commission Members In Attendance or on Teleconference:

Chairman Bartt Brick; Vice-Chairman Royce Embanks, Jr.; Commissioners Rosalind Canga, Jennifer Holcomb, Richard Ladeby, Angela Rhodes, and Gary Walker. Commission Members Absent:

Commissioners Nick Bowlby, Leticia Montano, Blanca Reynoso, Chuck Schmidt.

Staff Members In Attendance or on Teleconference:

City Administrator Gus Burril; Police Chief Tanner Stanfill; Public Works Director Jeff Hurd; Finance Director Kristal Hughes; Community Development Director Nicholas Snead; HR & Administrative Director Charo Miller; City Attorney Jeremy Green of Bryant, Lovlien and Jarvis; Associate Planner Morgan Greenwood; and City Recorder Lysa Vattimo. Visitors in Attendance or on Teleconference:

Rebecca Keegan, Madras Downtown Association; Joe Krenowicz (JC-Madras Chamber); Rick Allen (Willow Canyon Group).

II. Pledge of Allegiance and Prayer

Commissioner Walker led the Pledge of Allegiance to the flag of the United States of America and Vice-Chair Embanks led the prayer.

III. Roll Call

City Recorder Vattimo performed roll call; quorum was established.

IV. Changes/Additions to Regular Agenda

There were no changes to the agenda.

V. Madras Redevelopment Commission Consent Agenda

All matters listed within the Consent Agenda have been distributed to every member of the Madras Redevelopment Commission for reading and study, are considered to


be routine, and will be enacted by one motion of the Commission with no separate discussions. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request. A. Approval of April 14, 2020 MRC Meeting Minutes

MOTION: TO APPROVE THE CONSENT AGENDA AS LISTED. MOVED: COMMISSIONER CANGA SECONDED: COMMISSIONER HOLCOMB PASSED: UNANIMOUSLY, 7/0

VI. Visitor Comments (please observe time limit of 3 minutes)

There were no visitor comments.

VII. Madras Downtown Association Funding Request

Community Development Director Snead explained that the Madras Downtown Association (MDA) filed a Community Grant application with the City for $20,600.00. Generally speaking, their request was substantially more than what the City awards applicants through that program. They were awarded the typical $2,500.00 through that process, but it was suggested that the remainder of their request be brought to the MRC. The MDA would like to use the proposed funding for organizing First Thursday events, the annual chili cook-off, trick or treat and other cultural events (e.g., Dia de los Muertos, etc.) and for keeping the MDA 5th Street Co-op store/office open additional hours. They are also proposing to hire a coordinator/staff member. From Staff’s perspective, the request is consistent with the Urban Renewal Action Plan which identifies the need for community events to help revitalize the downtown area. The MDA has been consistent in their efforts to organize regular events in the downtown area and working towards revitalizing downtown. There is funding available and their request is consistent with the plan. City Attorney Green advised that since Vice-Chair Embanks who is on the MDA Board and Commissioner Rhodes who is heavily involved with the MDA will not receive direct financial gain from the grant, they do not need to recuse themselves from the vote on the motion. However, they both declared a potential conflict of interest, so they were able to participate in the discussion and vote on the motion. MOTION: THAT THE MRC AUTHORIZE $18,100.00 OF GRANT FUNDING FOR

THE MADRAS DOWNTOWN ASSOCIATION IN FISCAL YEAR 2020-21 FOR THE PURPOSES THAT THEY SPECIFIED.

MOVED: COMMISSIONER EMBANKS SECONDED: COMMISSIONER CANGA PASSED: UNANIMOUSLY, 7/0

VIII. Jefferson County Arts Association (dba Art Adventure Gallery) Funding Request for Waterline Repair

Community Development Director Snead explained that the gallery requested a Community Grant application, but were denied. The gallery is a non-profit association comprised of 20+ members. They were one of the first MRC façade improvement projects back in 2007. They received a grant and a loan for that project and the loan was repaid in full. Last year or so, they requested a $2,550.00 loan from the MRC to repair a


water line issue which was also repaid in full. That repair was a partial fix. They are now requesting $4,415.00 to make a permanent repair. Due to their repayment history and being the County’s only art gallery, Staff recommends they be granted this request. Vice-Chair Embanks stated since the gallery is the only one in Jefferson County and they are called the Jefferson County gallery, he asked if the County was providing any funding assistance. He supported giving them funding but wondered if the County had been approached to participate. Community Development Director Snead replied that he was unaware of any funding coming from the County. The Jefferson County Arts Association was formed in the mid 1990’s and was intended to be a group of artisans from all around the County which is why they have Jefferson County in their formal name. There was a general consensus that the Commissioners supported funding the request, but felt the County should have been asked to provide some assistance also. MOTION: THAT THE MRC AUTHORIZE $4,415.00 OF GRANT FUNDING FOR

THE JEFFERSON COUNTY ARTS ASSOCIATION IN FISCAL YEAR 2020-21 FOR WATER LINE REPAIRS.

MOVED: COMMISSIONER WALKER SECONDED: COMMISSIONER RHODES PASSED: UNANIMOUSLY, 7/0

IX. Contract Extension – Boldt, Carlisle & Smith – Auditing Services

Finance Director Hughes explained that the MRC has had the same auditors for the last three years. The City went out for an Request For Proposals (RFP) to attempt to solicit other auditors but did not receive any responses. At the beginning of COVID-19, Staff reached out to Boldt, Carlisle asking if they thought they could do the audit even if it needs to be done remotely (the majority of the audit already gets done remotely). Boldt, Carlisle confirmed that they could and are willing to do the audit for another year under the conditions of this contract. With all of these things in mind, Staff is asking to extend the contract for an additional year. MOTION: THAT THE MRC APPROVE THE FIRST EXTENSION TO THE

PROFESSIONAL SERVICES CONTRACT FOR AUDITOR SERVICES PROVIDED BY BOLDT, CARLISLE & SMITH FOR THE PERIOD EXTENDING JANUARY 1, 2020 THROUGH MARCH 31, 2021.

MOVED: COMMISSIONER WALKER SECONDED: COMMISSIONER LADEBY PASSED: UNANIMOUSLY, 7/0

X. Quarterly Financial Report

Finance Director Hughes explained that property tax values within the District have increased and people are paying their bills on time, both of which are good for the Agency. The Agency has not pulled down on the Line of Credit very much due to low expenditures. The Agency is healthy financially. The revenue is higher than the expenses. She explained some of the expenditures in detail.


XI. March 2020 Vouchers

MOTION: TO APPROVE THE MARCH 2020 VOUCHERS. MOVED: COMMISSIONER LADEBY SECONDED: COMMISSIONER WALKER PASSED: UNANIMOUSLY, 7/0

XII. Additional Discussion

Community Development Director Snead stated that the winter greens have been removed from the Downtown flower pots in preparation for the summer flowers which should be installed in the next couple of weeks. He added that in 2019, the MRC awarded grants and loan funding to Details Plus and the business owner will be requesting in additional funding to repair his parking lot due to the Public Works project that will be occurring outside his building on “B” Street. That request will be forthcoming to the Commission. City Administrator Burril stated that the “B” Street project between 5th and 7th Street will have a partial lane closure as they replace sidewalks and repair the street over the next six weeks. He added that the COVID-19 Economic Grant applications will open April 29th through May 8th. The Task Force will meet the following week to score the applications. If more applications are received than there is funding, the Task Force may pro-rate the amount of the awards or prioritize the awards. Otherwise, their plan is to award the full amount ($2,500) per qualifying request. If not all of the funds are used, it is possible a second run may be initiated. Criteria is that the business needs to be a for-profit business within City limits, MRC funds will be used for businesses located within District boundaries and City funds will be used for businesses outside those boundaries. Both City staff and the Chamber will be assisting businesses with the process if needed. Communication will be through the City’s website, news media, social media and the Chamber will use their network of distribution. City Recorder/Communications Officer Vattimo added that the City has a significant email database that will be used to distribute the information.

XIII. Adjourn

Meeting adjourned at 6:22 p.m. Minutes prepared by: __________________________ Lysa Vattimo, City Recorder

Reviewed by: __________________________ Bartt Brick, Chair

of 2 Request for Madras Redevelopment Commission Action

MADRAS REDEVELOPMENT COMMISSION Request for Action

Date Submitted: May 5, 2020 Agenda Date: May 12, 2020 To: Madras Redevelopment Commission From: Nicholas Snead, Community Development Director Through: Gus Burril, City Administrator Kristal Hughes, Finance Director Subject: DETAIL PLUS BUILDING IMPROVEMENT LOAN AMENDMENT

FOR ADDITIONAL IMPROVEMENTS TYPE OF ACTION REQUESTED:

[ ] Resolution [ ] Ordinance

[ X ] Formal Action/Motion [ ] Other [ ] No Action - Report Only

MOTION FOR COMMISSION ACTION: That the MRC authorize $10,200.00 of additional loan funding for the Detail Plus Building Improvement project and direct and authorize staff to execute the required loan documents subject to approval from the City Attorney. DISCUSSION: On October 9, 2020 the Madras Redevelopment Commission (MRC) approved $55,000.00 for the Detail Plus Building Improvement Project. At the October 9, 2020 MRC meeting, staff reported that Lyle and Laura Rehwinkle (applicants) may need additional funding for pavement adjacent to the building to ensure that improvements constructed for the B Street 5th to 7th Street Safe Routes to School Project and the applicant’s parking lot will be designed and constructed reasonably to accommodate the Detail Plus client vehicles. The applicant has determined that an additional $10,200 loan funding is needed for pavement to ensure the applicant’s parking lot will accommodate client vehicles. If the additional loan funding request is granted the related loan documents (e.g. Trust Deed, Promissory Note, and Loan Agreement) will need to be amended. Staff finds that there is adequate funding in the MRC’s Program Income, Special Payments budget to accommodate the requested loan funding. Staff requests authorization from the MRC to draft and execute amendments to the required loan documents, subject to City Attorney approval.

of 2 Request for Madras Redevelopment Commission Action

SUMMARY:

A. General Coordination:

Department Review Reviewed By Date Not Required

City Administrator Gus Burril 5/5/20 City Attorney Alan Dale Not required at this

time Finance Kristal Hughes 5/5/20 Police Tanner Stanfill X Public Works Jeff Hurd X

B. Fiscal Impact:

October 9, 2020 Approved Funding: $55,000.00 ($41,625.00 grant, $13,875 loan) May 12, 2020 Proposed Funding: $10,200.00 loan Total Funding Proposed: $65,200.00 (($41,625.00 grant, $24,075 loan)

C. Funding Source: MRC Program Income, Special Payments, Loan Distributions 705-705-545-6200

D. Supporting Documentation:

Attachment A: Estimate from Chiddix Enterprise.

STAFF RECOMMENDATION: That the MRC authorize $10,200 of additional loan funding for the Detail Plus Building Improvement project and direct and authorize staff to execute the required loan documents subject to approval from the City Attorney. MOTION FOR COMMISSION ACTION: That the MRC authorize $10,200.00 of additional loan funding for the Detail Plus Building Improvement project and direct and authorize staff to execute the required loan documents subject to approval from the City Attorney.

EstimateDate

5/4/2020

Estimate #

241

Name / Address

Detail Plus34 NE B StreetMadras OR 97741

Chiddix Enterprise Inc.

12775 NW Chinook LnTerrebonne,, OR 97760

Project

D34

Total

Description Qty U/M Rate Total

Details plusparking lot restoration25 x 75 parking lot prep 1,875 1.00 1,875.00Paving 1,875 3.25 6,093.75Sidewalk east side 6x40 240 5.00 1,200.00East planter 1 950.00 950.00

$10,118.75

ATTACHMENT A

CITY COUNCIL MEETING PACKET

MAY 12, 2020

of 8 City Council Meeting Minutes April 28, 2020

OFFICIAL CITY COUNCIL MINUTES April 28, 2020

I. Call to Order The City Council Meeting was called to order by Mayor Ladeby at 6:32 p.m. on Tuesday, April 28, 2020 in the Madras City Hall Council Chambers, 125 SW “E” Street in Madras, Oregon. Council Members In Attendance or on Teleconference:

Mayor Richard Ladeby; Councilors Bartt Brick, Rosalind Canga, Royce Embanks, Jr., Jennifer Holcomb, and Gary Walker. Council Members Absent:

Councilor Leticia Montano. Staff Members In Attendance or on Teleconference:

City Administrator Gus Burril; Police Chief Tanner Stanfill; Finance Director Kristal Hughes; Public Works Director Jeff Hurd; Community Development Director Nicholas Snead; HR & Administrative Director Charo Miller; City Attorney Jeremy Green of Bryant, Lovlien and Jarvis; and City Recorder Lysa Vattimo. Visitors in Attendance or on Teleconference:

Rick Allen (Willow Canyon Group); Joe Krenowicz (Madras-Jefferson County Chamber); Jeff Rasmussen (Jefferson County).

II. Changes/Additions to Regular Agenda

There were no changes to the regular agenda.

III. City Council Consent Agenda

All matters listed within the Consent Agenda have been distributed to every member of the City Council for reading and study, are considered to be routine, and will be enacted by one motion of the Council with no separate discussions. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request. A. Approval of April 14, 2020 City Council Meeting Minutes MOTION: THAT WE APPROVE THE CONSENT AGENDA AS LISTED. MOVED: COUNCILOR CANGA SECONDED: COUNCILOR HOLCOMB PASSED: 5/0


IV. Visitor Comments (please observe time limit of 3 minutes)

There were no visitor comments.

V. Jefferson County Winter Shelter Update (Video)

Council watched a four-minute video submitted by Pat Abernathy, Jefferson County Winter Shelter Coordinator.

VI. Housing Works Ground Lease Amendment

Community Development Director Snead explained that in 1995, Housing Works and the City of Madras worked together to execute a ground lease agreement for farm worker housing. That development is what is called a scattered site, meaning not all of the dwellings are on one property – they are scattered throughout the community. The units are now 25 years old and in need of rehabilitation. Housing Works has received funding from the US Department of Agriculture (USDA) to rehabilitate them. One of their requests is that the ground lease be extended an additional 45 years. The ground lease ensures that the dwellings will be rented to farm workers and at an affordable rate. There is no financial liability to the City. It’s simply to help ensure there is affordable housing for farm workers in our community. MOTION: THAT THE CITY COUNCIL APPROVE THE PROPOSED GROUND

LEASE AMENDMENT AS PROPOSED. MOVED: COUNCILOR HOLCOMB SECONDED: COUNCILOR EMBANKS PASSED: 5/0

VII. Emergency Declaration Extension

City Administrator Burril explained that back in March, Council approved Resolution 15-2020 that put the City into emergency declaration regarding COVID-19 allowing Staff to flex as needed, procure any emergency goods in response to COVID, etc. We are still in an state-wide declaration, so Staff is asking Council to approve an additional month to the declaration (until the May 26th meeting). If something should change state-wide before that date that would constitute ending the declaration, Council can meet sooner. Staff will continue to monitor the State’s emergency status and be flexible with the date. Councilor Canga asked if the Arbor Day tree planting event scheduled for May 22nd would be postponed by ratifying this extension. City Administrator Burril stated that the declaration wouldn’t prohibit that event, but that any outside activity still needs to adhere to safe distancing requirements. Mayor Ladeby added that he felt Arbor Day could not be a gathering of more than 10 people unless the Governor’s orders change before then. MOTION: THAT CITY COUNCIL RATIFY THE EXTENSION OF THE

EMERGENCY DECLARATION BY THE CITY ADMINISTRATOR UNTIL MAY 26, 2020.

MOVED: COUNCILOR HOLCOMB SECONDED: COUNCILOR BRICK PASSED: 5/0


VIII. Adoption of Annual Strategic Implementation Plan 2020-21

City Administrator Burril explained that proposed goals and objectives were discussed by Council at their meeting on March 7th. Since that time, due to COVID-19, one of the goals changed in regard to pursuing transportation funding. Council voted to postpone that measure and the change is reflected in the current document. MOTION: THAT CITY COUNCIL HEREBY ADOPT THE ATTACHED ANNUAL

STRATEGIC IMPLEMENTATION PLAN FOR FISCAL YEAR 2020-21 AS PREPARED.

MOVED: COUNCILOR BRICK SECONDED: COUNCILOR HOLCOMB PASSED: 5/0

IX. Temporary Downtown Parking Modifications

Public Works Director Hurd explained that Staff received a request from Mike Goss from Farmers Insurance on 4th Street about temporarily removing the “No Truck Parking” signs on 4th Street in front of his business so trucks could park and cross the street to Black Bear for food. There is also a sign in front of the Chamber and the Chamber Director thought it would be a good idea to remove the sign in front of their building. This sign removal would only be in effect during the COVID-19 restrictions. If someone else in the Downtown area had a similar request that doesn’t adversely impact others or create a safety hazard, the Public Works Director would like permission in this motion to use discretion to make those individual decisions. Councilor Brick asked if safety was an issue in the original installation of the signs. Public Works Director Hurd was unsure as the installation of the signs was before his time. He guessed that businesses along the street were concerned that trucks were parking in front of their businesses taking up space from their customers, or possibly when trucks were parked there it was difficult to see when crossing the street. Police Chief Stanfill added that when the signs were installed, the reasoning was both trucks taking up available parking and people not being able to see around the trucks when trying to cross 4th and 5th Street. City Administrator Burril added that his concern is the inconsistency of signage throughout Downtown. Additionally, in previous conversations with the Oregon Department of Transportation (ODOT), since there’s a bike lane, drivers have to creep out further in able to see clearly beyond trucks, motorhomes, RV’s, etc. This is a temporary request, but if a broader review gets requested, it may need to involve the Downtown Association, the Chamber and ODOT. Councilor Brick asked City Attorney Green whether the City would be liable if they remove a sign like this and an accident happens. City Attorney Green responded potentially yes. Councilor Walker suggested just bagging the signs for a couple of weeks rather than taking them down. City Administrator Burril asked Public Works Director Hurd to review the City’s manual on sight distance or get an ODOT opinion on minimum sight distance.


Public Works Director Hurd concurred. Chamber Director Joe Krenowicz added that the signs went up when the sidewalks were widened in the 1990’s. If the No Truck Parking hasn’t been being enforced, then don’t replace the signs once they are taken down. He stated that it’s important to encourage people to stop in Madras, even if they have a 30-foot 5th wheel or a long wheel based truck. MOTION: THAT CITY COUNCIL APPROVE THE PUBLIC WORKS DIRECTOR

TO TEMPORARILY REMOVE THE “NO TRUCK PARKING” SIGNS ON 4TH STREET BETWEEN D AND E AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO TEMPORARILY REMOVE ROAD SIGNS BASED UPON REQUEST AND THE DIRECTOR’S DISCRETION DURING THE COVID-19 PANDEMIC.

MOVED: COUNCILOR WALKER SECONDED: COUNCILOR CANGA OPPOSED: COUNCILOR BRICK PASSED: 4/0

X. Willowcreek Sewer Project – Murraysmith Task Order No. 3

Public Works Director Hurd explained that Staff has been awarded a loan through the Department of Environmental Quality (DEQ). The plan for this project was to get the loan and do the design work as part of the “J” Street project so crews could at least get the crossings in. Since then, there’s been a developer who has been looking at developing Willow Heights and he wants to begin right away which constitutes moving on the design right away so when the loan is awarded there won’t be a delay in waiting for the design. MOTION: THAT COUNCIL APPROVE TASK ORDER NO. 3 WITH

MURRAYSMITH FOR THE WILLOWCREEK SANITARY SEWER DESIGN PROJECT IN THE AMOUNT OF $66,562.00.

MOVED: COUNCILOR HOLCOMB SECONDED: COUNCILOR CANGA PASSED: UNANIMOUSLY, 5/0

XI. Bean Drive Sewer Project – K3 Construction Services Contract

Public Works Director Hurd explained that this is the third phase of the Bean Drive sewer project. The property owner at the corner of Bean Drive and Bean Way requested sewer service. Public Works explained to the property owner that typically, the City splits the cost 50/50 with owners to bring sewer into a neighborhood. The property owner agreed and Staff moved forward to get bids for design. The City set aside funding for this project a little over a year ago and the property owner is ready to go. MOTION: THAT COUNCIL APPROVE THE CONSTRUCTION SERVICES

CONTRACT FOR K3 CONSTRUCTION FOR THE BEAN DRIVE SEWER PHASE 3 IN THE AMOUNT OF $49,875.00.

MOVED: COUNCILOR EMBANKS SECONDED: COUNCILOR HOLCOMB PASSED: UNANIMOUSLY, 5/0


XII. Resolution No. 18-2020

A resolution authorizing the Mayor to sign loan documents between the City of Madras and the Department of Environmental Quality, Clean Water State Revolving Fund pledging the borrower’s full faith and credit and receive a loan in the amount of $650,000 for the sewer main extension project. Public Works Director Hurd explained that this resolution is associated with the DEQ loan for the Cleveland, Hess, and Fairgrounds sewer projects. This brings sewer up into the neighborhood on Jefferson Street behind the Canyons East apartment complex, extends sewer up to the apartment complex on Hess Street, and another short section on Fairgrounds Road to property owners who had failing septic. The terms are 1% over 30 years with a 50% principal forgiveness. Of the $650,000 loan, the City will only end up paying back $325,000. MOTION: THAT CITY COUNCIL APPROVE RESOLUTION NO. 18-2020. MOVED: COUNCILOR WALKER SECONDED: COUNCILOR CANGA PASSED: UNANIMOUSLY, 5/0

XIII. Contract Extension – Boldt, Carlisle & Smith – Auditing Services

Finance Director Hughes explained that these auditors have been with the City for three years. Staff is asking to extend their contract one additional year. MOTION: THAT COUNCIL APPROVE THE FIRST EXTENSION TO

PROFESSIONAL SERVICES CONTRACT WITH BOLDT, CARLISLE AND SMITH, AS PROPOSED.

MOVED: COUNCILOR CANGA SECONDED: COUNCILOR HOLCOMB PASSED: UNANIMOUSLY, 5/0

XIV. Resolution No. 19-2020

A resolution of the City of Madras, authorizing City of Madras staff to proceed with securing a certain line of credit on behalf of the Madras Urban Renewal Agency of the City of Madras for purposes of administering the Madras Urban Renewal District; and delegating authority. Finance Director Hughes explained that just prior to signing the loan documents for the Housing Urban Renewal District’s loan, the interest rate dropped, so Staff asked the bank to review all the loan documents to see if the City could get some better terms. At the same time, Staff was reviewing the budget for the Commercial District and realized that the Line of Credit needed to be increased from $1.5M to $1.9M. This resolution is to approve the increase in the line of credit and build the Intergovernmental Agreement and the resolution that would adopt the terms. The City of Madras is the entity that is the backing for Madras Urban Renewal District which is why the Council needs to approve this resolution. Councilor Brick asked why Staff is changing from a fixed rate to a variable rate. Finance Director Hughes responded that since they cannot get a two-year loan, they were going from a fixed to a variable rate which saved 0.25% for the first year (from


2.99% to 2.74%). If the term would have been for two years, Staff would have had a greater hesitation. MOTION: THAT COUNCIL AUTHORIZE STAFF TO PROCEED WITH

OBTAINING THE LINE OF CREDIT DESCRIBED IN RESOLUTION NO. 19-2020 AND PREPARE ALL NECESSARY DOCUMENTATION.

MOVED: COUNCILOR CANGA SECONDED: COUNCILOR BRICK PASSED: UNANIMOUSLY, 5/0

XV. Resolution No. 20-2020

A resolution of the City of Madras, authorizing City of Madras staff to proceed with securing a certain line of credit on behalf of the Madras Urban Renewal Agency of the City of Madras for purposes of administering the Housing Urban Renewal District; and delegating authority. Finance Director Hughes explained that this resolution was not needed after all. The original resolution which was passed in January approved all the documentation for the Housing Urban Renewal District’s Line of Credit and gave Staff the authorization to obtain the documents and the loan. Nothing has changed except they’re going from a fixed rate to a variable rate for one year. That was not outlined in the resolution, so a new resolution does not need to be brought to Council.

XVI. Quarterly Financial Report

Finance Director Hughes provided the quarterly financial report. She stated that the City’s financial outlook is good right now. The City is on track for where it should be right now. This is the first year that the City is contributing to its PERS stabilization fund and building a balance. The teams are managing their budgets well.

XVII. March 2020 Vouchers

Councilor Walker recused himself as he may have sold goods or services to the City. MOTION: THAT WE APPROVE THE MARCH 2020 DISBURSEMENTS AS

SUBMITTED. MOVED: COUNCILOR BRICK SECONDED: COUNCILOR EMBANKS RECUSED: COUNCILOR WALKER PASSED: UNANIMOUSLY, 4/0

XVIII. Additional Comments, Announcements, and Department Reports

Police Department: Police Chief Stanfill reported that things have been very busy for his department. There has been an increase in shoplifting and a few burglaries.

HR & Administration: HR & Administrative Director Miller stated she will be reaching out to Council to do some updates on their iPads.

Finance: Nothing to report.


Community Development: Nothing to report.

Public Works: Public Works Director Hurd reported that the Fish Pond at the Fairgrounds is being filled with water and the frog statue was installed today. The fish will be stocked later this week. This will give our community something to do during the pandemic. Public Works crews will be hanging banners on City light poles with High School graduate names on them. They should be going up later this month. The “B” Street project is planned to begin Monday. Public Works is finalizing the traffic control plan. Emergency Services and the affected businesses have been notified about the traffic plan changes. The Splash Park cannot open until the Governor permits the opening of “playground equipment.”

City Administrator’s Office: Nothing to report.

City Attorney’s Office Nothing to report.

Council: Councilor Brick asked Police Chief Stanfill about the “Stop” reporting program. Police Chief Stanfill responded that the program is something that the legislature came up with requiring law enforcement to document all traffic and pedestrian stops acquiring data about gender, race, age, whether or not police asked for a search, whether or not a search was conducted, whether or not an arrest was made, etc. This was legislated, so it’s something police are required to do. Councilor Brick stated he had received an email from local business owner Teresa Baggett that went to all elected officials asking what criteria will be used on a reopening plan. He asked if the Communications Officer could draft one response on behalf of the Council. Councilor Walker stated that the City of Redmond was establishing a Task Force about reopening and Staff might get some ideas from them. He sent some information to the Mayor about Douglas County and how they are planning to reopen their parks which might give Staff some ideas about opening our parks with limited use. Mayor Ladeby added that our parks are open with safe distancing requirements, but the State parks, boat ramps, day use areas, etc. Mayor Ladeby reported out on his conference call with the Governor’s office today. He stated that rural areas will have special consideration on reopening. He encouraged everyone to stay positive. He thanked everyone for their patience.


XIX. Adjourn

The Council meeting was adjourned at 7:27 p.m. Minutes prepared by: Reviewed by: ___________________________ ___________________________ Lysa Vattimo, City Recorder Richard Ladeby, Mayor

of 2 Request for Council Action

CITY OF MADRAS Request for Council Action

Date Submitted: May 5, 2020 Agenda Date: May 12, 2020 To: Mayor and City Council Members Through: Jeff Hurd, Public Works Director From: Michele Quinn, Public Works Office Coordinator Subject: ACQUISITION OF TAX LOT 2800 OF MAP 11.13.01.BB FROM

CENTRAL OREGON REGIONAL HOUSING AUTHORITY TO THE CITY OF MADRAS

TYPE OF ACTION REQUESTED: [ ] Resolution [ ] Ordinance [ X ] Formal Action/Motion [ ] Contract Review Board FORMAL ACTION/MOTION: That Council approve and authorize the Mayor to sign the purchase and sale agreement for 0.40 acres identified as Map 11.13.01.BB Tax Lot 2800 in the amount of $22,500.00.

DESCRIPTION & STAFF ANALYSIS: Housing Works is currently construction Red Canyon Apartments on Jefferson Street. The City had need of extending sewer main into Cleveland Street to serve properties with failing septic systems. Housing Works (aka Central Oregon Regional Housing Authority) wanted to sell reconfigured lot to the City due to their development for future park. This land sale agreement is to purchase the 0.40 acres of land in exchange for Housing Works extending public sewer main through their property and dedicating the City an easement. One nuisance to the agreement is that the City will not take ownership of the property until Housing Works has finished construction therefore the closing date and occupancy date are different. SUMMARY:

A. Fiscal Impact: Sale Price of Tax Lot 2800 =$22,500.00 Total = $22,500.00

B. Funding Source: • Wastewater Operations Fund, Sewer Improvement Economic Development

=$22,500.00 • This project was budgeted for FY 19-20.


C. Recognition of Collateral Material and Technical Report:

• PSA

RECOMMENDATION: Formal Action/Motion that Council approve and authorize the Mayor to sign the purchase and sale agreement for 0.40 acres identified as Map 11.13.01.BB Tax Lot 2800 in the amount of $22,500.00.

{10340723-01187582;2} 1

PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY 1

2

3

BETWEEN: _Central Oregon Regional Housing Authority dba Housing Works_____ ("Seller") 4

AND: _City of Madras, Oregon____________ ("Buyer") 5

Buyer agrees to buy and Seller agrees to sell, on the following terms, the real property consisting 6 of approximately .40 acres identified as tax lot 2800, in the City of Madras, County of Jefferson, Oregon and legally 7 described in the attached Exhibit A (the "Property"). 8

1. Purchase Price. The total purchase price is $22,500 payable in cash at Closing. As additional 9 consideration, if this transaction closes, Seller irrevocably waives and releases any rights or claims to reimbursement 10 from Buyer, or any other party, for extending sewer to Cleveland Street. This waiver and release will survive 11 closing and will not merge with any deed. 12

2. Earnest Money Receipt. Upon execution of this Agreement, Buyer shall pay $1 as earnest money 13 (the "Earnest Money"). The Earnest Money will be applied to the purchase price at closing. 14

3. Conditions to Purchase. Without limiting any Buyer right to terminate provided elsewhere in this 15 Agreement, Buyer’s obligation to close the transaction will be conditioned upon (a) the physical condition of the 16 Property being in substantially the same condition on the Closing Date (as defined below) as on the Execution Date 17 (as defined below) of this Agreement; (b) all of Seller’s representations and warranties set forth in Section 11 being 18 true and correct as of the Closing Date; and (c) performance by Seller of all of its obligations pursuant to this 19 Agreement. If any of the foregoing conditions are not satisfied prior to the Closing Date, Buyer may terminate this 20 Agreement. 21

4. Property Inspection. Prior to the Closing Date, Buyer may terminate this Agreement if Buyer is 22 unsatisfied with the condition of the Property or the suitability of the Property for Buyer’s intended use in Buyer’s 23 sole discretion. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk, to enter the Property, at 24 reasonable times after reasonable prior notice to Seller and after prior notice to the tenants of the Property as 25 required by the tenants' leases, to conduct inspections, tests, and surveys concerning the structural 26 condition of the improvements, all mechanical, electrical and plumbing systems, hazardous materials, pest 27 infestation, soils conditions, wetlands, American with Disabilities Act compliance, and other matters affecting the 28 suitability of the Property for Buyer's intended use and/or otherwise reasonably related to the purchase of the 29 Property. Buyer shall indemnify, hold harmless, and defend Seller from all liens, costs, and expenses, 30 including reasonable attorneys' fees and experts' fees, arising from or relating to Buyer's entry on and inspection of 31 the Property. This agreement to indemnify, hold harmless, and defend Seller shall survive closing or any 32 termination of this Agreement. 33

5. Seller's Documents. Within _5_ days after the Execution Date, Seller will provide Buyer copies of 34 all surveys, environmental assessments, geotechnical reviews, permits, and approvals in Seller’s possession 35 concerning the Property. 36

6. Title Insurance. Within _5_ days after the Execution Date, Seller shall deliver to Buyer a 37 preliminary title report from the Title Company (the "Preliminary Commitment"), together with complete and 38 legible copies of all documents shown therein as exceptions to title, showing the status of Seller's title to the 39 Property. Buyer shall have __5__ days after receipt of a copy of the Preliminary Commitment within which to 40 give notice in writing to Seller of any objection to such title or to any liens or encumbrances affecting the Property. 41 Within _5_ days after the date of such notice from Buyer, Seller shall give Buyer written notice of whether it is 42 willing and able to remove the objected-to exceptions. Within ___5___ days after the date of such notice 43 from Seller, Buyer shall elect whether (i) to purchase the Property subject to the objected-to exceptions which Seller 44 is not willing or able to remove or (ii) terminate this Agreement. On or before the Closing Date, Seller shall remove 45

{10340723-01187582;2} 2

all exceptions to which Buyer objects and which Seller agrees Seller is willing and able to remove. All remaining 1 exceptions set forth in the Preliminary Commitment and agreed to by Buyer shall be "Permitted Exceptions." The 2 ALTA title insurance policy to be delivered by Seller at Seller’s cost to Buyer at closing shall contain no exceptions 3 other than the Permitted Exceptions. 4

7. Default; Remedies. If the conditions, if any, to Buyer's obligation to close this transaction are 5 satisfied or waived by Buyer and Buyer nevertheless fails, through no fault of Seller, to close the purchase of the 6 Property, Seller's sole remedy shall be to retain the Earnest Money paid by Buyer. In the event Seller fails, through 7 no fault of Buyer, to close the sale of the Property, Buyer shall be entitled to pursue any remedies available at law or 8 in equity, including without limitation, the remedy of specific performance. 9

8. Closing of Sale. The sale shall be closed on or before 30 days after the Execution Date (the 10 "Closing Date") in escrow at the Title Company. The sale shall be "closed" when the document 11 conveying title is recorded and funds are disbursed to Seller. At closing, Buyer and Seller shall deposit with the 12 Title Company all documents and funds required to close the transaction in accordance with the terms of this 13 Agreement. At closing, Seller shall deliver a certification in a form approved by Buyer that Seller is not a "foreign 14 person" as such term is defined in the Internal Revenue Code and the Treasury Regulations promulgated under the 15 Internal Revenue Code. If Seller is a foreign person and this transaction is not otherwise exempt from FIRPTA 16 regulations, the Title Company shall be instructed by the parties to withhold and pay the amount required by law to 17 the Internal Revenue Service. At closing, Seller shall convey fee simple title to the Property to Buyer by statutory 18 warranty deed (the "Deed"). If this Agreement provides for the conveyance by Seller of a vendee's interest 19 in the Property by a contract of sale, Seller shall deposit with the Title Company (or other mutually acceptable 20 escrow) the executed and acknowledged Deed, together with written instructions to deliver such deed to Buyer upon 21 payment in full of the purchase price. At closing, Seller shall pay for and deliver to Buyer a standard form owner's 22 policy of title insurance in the amount of the purchase price insuring fee simple title to the Property in Buyer subject 23 only to the Permitted Exceptions and the standard preprinted exceptions in a standard form policy. 24

9. Closing Costs; Prorates. Seller shall pay the premium for the title insurance policy which Seller is 25 required to deliver pursuant to the above paragraph. Seller and Buyer shall each pay one-half of the escrow fees 26 charged by the Title Company. Real property taxes for the tax year in which the transaction is closed, assessments 27 (if a Permitted Exception), personal property taxes, rents on existing tenancies paid for the month of closing, interest 28 on assumed obligations, and utilities shall be prorated as of the Closing Date. Seller shall pay any transfer or excise 29 taxes. Prepaid rents, security deposits, and other unearned refundable deposits regarding the tenancies shall 30 be assigned and delivered to Buyer at closing. The Property does X does not qualify for a special tax assessment 31 or deferral program as follows:_____________________________________________________ 32 _____________________________________________________________________________________________33 _____________________________________________________________________________________________34 ________________________________________________________________________________________. 35 Seller Buyer N/A shall be responsible for payment of all taxes, interest, and penalties, if any, upon removal 36 of the Property from such special assessment or program. 37

10. Possession. Buyer shall be entitled to exclusive possession of the Property on September 30, 38 2020. Seller must deliver possession of the Property in the same physical condition as it existed as of the Execution 39 Date and free and clear of all liens and encumbrances except for Permitted exceptions. Seller will indemnify and 40 hold Buyer harmless from and against any and all loses, damages, injuries, and claims arising from and related to 41 Seller’s activities on the Property prior to delivery of possession to Buyer. 42

11. Seller Representations. Seller represents (i) that it is authorized to enter into this Agreement, (ii) 43 that the execution, delivery, and performance of this Agreement (and all related documents) constitutes a valid and 44 binding agreement of Seller Buyer, enforceable in accordance with its terms, and (iii) that Seller’s execution, 45 delivery, and performance of this Agreement will not result in a breach or violation of, nor constitute a default 46 under, any agreement, law, judgment, or order, or requires the consent, authorization, or approval of any person, 47 including, without limitation, any governmental body. Seller represents that, to the best of Seller's knowledge, there 48 are no pending or threatened notices of violation of any laws, codes, rules, or regulations applicable to the Property 49 ("Laws"), and Seller is not aware of any such violations or any concealed material defects in the Property. Risk of 50 loss or damage to the Property shall be Seller's until closing and Buyer's at and after closing. No agent of Seller nor 51

{10340723-01187582;2} 3

any agent of Buyer has made any representations regarding the Property. Except for Seller's representations set 1 forth in this Section 11, Buyer shall acquire the Property "AS IS" with all faults and Buyer shall rely on the results 2 of its own inspection and investigation in Buyer's acquisition of the Property. It shall be a condition of Buyer’s 3 obligation to close, and of Seller’s right to retain the Earnest Money as of closing, that all of the Seller’s 4 representations and warranties stated in this Agreement are materially true and correct on the Closing Date. Seller’s 5 representations and warranties stated in this Agreement shall survive closing and will not merge with any deed. 6

12. Personal Property. This sale includes the following personal property: X none. 7

8

13. Notices. Unless otherwise specified, any notice required or permitted in, or related to, this 9 Agreement must be in writing and signed by the party to be bound. Any notice or payment will be deemed given 10 when personally delivered or delivered by facsimile transmission (with electronic confirmation of delivery), or will 11 be deemed given on the day following delivery of the notice by reputable overnight courier or through mailing in the 12 U.S. mails, postage prepaid, by the applicable party to the address of the other party shown in this Agreement, 13 unless that day is a Saturday, Sunday, or legal holiday, in which event it will be deemed delivered on the next 14 following business day. If the deadline under this Agreement for delivery of a notice or payment is a Saturday, 15 Sunday, or legal holiday, such last day will be deemed extended to the next following business day. 16

14. Assignment. Buyer may assign its rights under this Agreement if the assignee is an entity owned 17 or controlled by Buyer without Seller's prior written consent. 18

15. Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature 19 whatsoever, including without limitation any proceeding under the U.S. Bankruptcy Code, is instituted, or the 20 services of an attorney are retained, to interpret or enforce any provision of this Agreement or with respect to any 21 dispute relating to this Agreement, the prevailing party shall be entitled to recover from the losing party its 22 attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred 23 and reasonably necessary in connection therewith. In the event of suit, action, arbitration, or other proceeding, the 24 amount thereof shall be determined by the judge or arbitrator, shall include fees and expenses incurred on any appeal 25 or review, and shall be in addition to all other amounts provided by law. 26

16. Statutory Land Use Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY 27 NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS 28 SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT 29 AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST 30 FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR 31 ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT 32 THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 33 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 34 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING 35 THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH 36 THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF 37 LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 38 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE 39 EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF 40 NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 41 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, 42 OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 43

17. Miscellaneous. Time is of the essence of this Agreement. The facsimile transmission of any 44 signed document including this Agreement shall be the same as delivery of an original. At the request of either 45 party, the party delivering a document by facsimile will confirm facsimile transmission by signing and delivering a 46 duplicate original document. This Agreement may be executed in two or more counterparts, each of which shall 47 constitute an original and all of which together shall constitute one and the same Agreement. This Agreement 48 contains the entire agreement and understanding of the parties with respect to the subject matter of this Agreement 49 and supersedes all prior and contemporaneous agreements between them with respect thereto. Without limiting the 50

{10340723-01187582;2} 4

provisions of Section 15 of this Agreement, this Agreement shall be binding upon and shall inure to the benefit of 1 the parties and their respective successors and assigns. The person signing this Agreement on behalf of Buyer and 2 the person signing this Agreement on behalf of Seller each represents, covenants and warrants that such person has 3 full right and authority to enter into this Agreement and to bind the party for whom such person signs this 4 Agreement to the terms and provisions of this Agreement. This Agreement shall not be recorded unless the parties 5 otherwise agree. 6

18. Addendums; Exhibits. The following named addendums and exhibits are attached to this 7 Agreement and incorporated within this Agreement: Exhibit A property description 8

19. Execution Date. The “Execution Date” is the later of the two dates shown beneath the parties' 9 signatures below. 10

20. Governing Law. This Agreement is made and executed under, and in all respects shall be 11 governed and construed by the laws of the State of Oregon. Each party agrees that it had a full and fair opportunity 12 to consult independent legal counsel concerning the preparation of this Agreement and that this Agreement will not 13 be construed in favor of or against any particular party based on drafting. 14

21. No Brokers or Finders. Each party represents to the other party that the representing party has not 15 incurred any liability or obligation, whether contingent or otherwise, for a brokerage commission, a finder’s fee, or 16 any other similar payment in connection with this Agreement and will indemnify the other party for any breach of 17 this representation, which obligation will survive closing and will not merge with any deed. 18

Buyer: City of Madras, Oregon Seller: Central Oregon Regional Housing Authority 19

____________________________________ ______________________________________ 20

By__________________________________ By____________________________________ 21

Title______________ Title___________________________________ 22

Execution Date________________________ Execution Date__________________________ 23

Time of Execution_____________________ Time of Execution________________________ 24

Home Phone__________________________ Home Phone____________________________ 25

Office Phone_____________ Office Phone____________________________ 26

Address__ Address________________________________ 27

________ ____________ _______________________________________ 28

Fax No.______________________________ Fax No._________________________________ 29 30 31 32 33 34 35 36 37 38 39 40

{10340723-01187582;2} 5

1

{10340723-01187582;2} 6

Exhibit A 1 2 3 Newly Adjusted Tract “A” LLA-19-2 (Tax Lot 2800) 4 5 A tract of land being a portion of that tract of land recorded June 2, 2005, in Book 2005, page 6 002849, Jefferson County Official Records, and a portion of Lot 1, Block 9, North Unit 7 Subdivision, located in the Northwest one-quarter of Section 1, Township 11 South, Range 13 8 East, of the Willamette Meridian, in the City of Madras, Jefferson County, Oregon, being more 9 particularly described as follows: 10 11 Beginning at a 5/8" rebar with yellow plastic cap stamped "TYE ENGINEERING" at the 12 Northwest corner of said Lot 1, Block 9, North Unit Subdivision, said corner lying on the 13 southerly right of way line of NE Cleveland Street, thence along the north line of said Lot 1 and 14 the southerly right of way line South 89°48'41" East 45.56 feet to the Northeast corner of said 15 Lot 1 and a 5/8" rebar with yellow plastic cap stamped "DEJARNATT LS 2208"; thence 16 continuing along said southerly right of way line of NE Cleveland Street and the north line of 17 that tract of land described in Book 2005, page 002849, South 89°48'41" East 89.95 feet to a 5/8" 18 rebar with yellow plastic cap stamped "DEJARNATT LS 2208" at the Northeast corner of said 19 tract of land; thence leaving said southerly right of way line and along the east line of said Tract 20 South 00°03'49" East 164.43 feet to a 5/8" rebar with yellow plastic cap stamped "TYE 21 ENGINEERING"; thence leaving said east line of said tract West 51.64 feet to a 5/8" rebar with 22 yellow plastic cap stamped "TYE ENGINEERING"; thence North 57.40 feet to a 5/8" rebar with 23 yellow plastic cap stamped "TYE ENGINEERING"; thence North 89°45'25" West 84.90 feet to 24 a point on the west line of Said Lot 1, Block 9, North Unit Subdivision; thence along the west 25 line of said Lot 1 North 00°27'05" East 107.12 feet to the point of beginning. 26 27 28 29

jhurd

Polygon

jhurd

Callout

Tract "A"



Date Submitted: May 1, 2020 Meeting Date: May 12, 2020 To: Mayor and City Council Members From: Jeff Hurd, Public Works Director Subject: UTILITY AND ACCESS EASEMENT AGREEMENT BETWEEN

THE CITY OF MADRAS AND LIGHTSPEED NETWORKS TYPE OF ACTION REQUESTED: [ ] Resolution [ ] Ordinance [ X ] Formal Action/Motion [ ] Consent Agenda FORMAL ACTION / MOTION: That Council approve the utility and access easement agreement between the City of Madras and Lightspeed Networks. DESCRIPTION AND STAFF ANALYSIS: Lightspeed Networks has requested an utility easement at Sahalee Park adjacent to the sidewalk and power cabinet on C Street near the southeast corner of the park. The Public Works Department met with Lightspeed Networks on site and determined the area they were proposing to install their equipment would not impose on the City and/or Sahalee Park. The Public Works Department requested that the City be compensated for the easement area and it’s costs to prepare the legal documents to grant Lightspeed Networks an easement. Lightspeed Networks agreed. Attached is the easement agreement between the City of Madras and Lightspeed Networks to allow them a 75 square foot pocket easement adjacent to the City’s sidewalk on C Street at Sahalee Park. Lightspeed Networks is compensating the City $2,300.00 for property acquisition, legal fees to prepare the document, and recording fees. SUMMARY:

A. Fiscal Impact: • Lightspeed Networks will be compensating the City $2,300.00 for

easement acquisition on City Property. This revenue will be recognized in the Parks and Golf Course Fund as it is Sahalee Park Property that the easement rests on.

B. Funding Source:

• Revenue collected from Lightspeed Networks for the easement and legal fees will be deposited into the Parks and Golf Course Fund under Misc Revenue



• Utility and Access Easement Agreement between the City of Madras and Lightspeed Networks.

RECOMMENDATION: Formal action / motion: That Council approve the utility and access easement agreement between the City of Madras and Lightspeed Networks.

1 – UTILITY AND ACCESS EASEMENT AGREEMENT {10340787-01167515;2}

After recording, return to: LightSpeed Networks, Inc. Attn: Contracts Administration 921 SW Washington, Suite 370 Portland, Oregon 97205

UTILITY AND ACCESS EASEMENT AGREEMENT

This Utility and Access Easement Agreement (this “Agreement”) is dated May 12, 2020, but made effective for all purposes as of the Effective Date, between City of Madras (“Grantor”), an Oregon municipal corporation, whose address is 125 SW E. Street, Madras, Oregon 97741, and LightSpeed Networks, Inc. (“Grantee”), an Oregon corporation d/b/a LS Networks and LSN, whose address is 921 SW Washington, Suite 370, Portland, Oregon 97205.

RECITAL: Grantor is the fee simple owner of certain real property (and all improvements located thereon) located in the City of Madras, Jefferson County, Oregon, as more particularly described and/or depicted on the attached Exhibit A (the “Property”). Grantor and Grantee are entering into this Agreement to describe the terms and conditions under which Grantee will be permitted to use the Easement for the installation and operation of the Equipment.

AGREEMENT: NOW, THEREFORE, in consideration of the foregoing, the mutual promises and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

Article 1 Nature of Easement

1.1 Definitions. Unless defined elsewhere in this Agreement, terms contained in this Agreement have the meanings assigned to them in the attached Appendix A.

1.2 Permanent Easement. Subject to the terms and conditions contained in this Agreement, for and in consideration of Grantee’s payment of $300.00 to Grantor contemporaneously with Grantee’s execution of this Agreement, Grantor grants and conveys to Grantee a perpetual, appurtenant, and non-exclusive easement (the “Easement”) in, upon, under, and over that portion of the Property described and depicted on the attached Exhibit B (the “Easement Area”). The Easement Area consists of approximately 75 square feet, more or less.

1.3 Nature of Easement. The Easement is for the benefit of Grantee and its permitted successors and assigns. The Easement is for, and limited to, the installation, operation, repair, and maintenance of the Equipment. Grantee’s use of the Easement Area will be made subject to and in accordance with all applicable Laws. Grantee will correct, at Grantee’s expense, any failure of compliance with the Laws created through Grantee’s fault and/or by reason of Grantee’s use of the Easement Area. Grantee will refrain from any use and/or activity which would create a nuisance. Subject to the terms and conditions contained in this Agreement, the Easement includes ingress and egress access over, under, through, and across the Easement Area for the purposes identified in this Section 1.3, together with the right of ingress and egress to, from, and along the Easement Area provided such ingress and egress access is made in accordance with this Agreement.


1.4 Due Diligence; Non-Interference.

1.4.1 Grantee has had the opportunity to investigate and examine the Easement Area and to ask questions and receive answers concerning the Easement Area. Grantee has obtained all information Grantee deems necessary or appropriate concerning the Easement Area. Grantee accepts the Easement Area AS IS, WITH ALL FAULTS, in its condition as of the Effective Date, and with all defects, whether apparent or not apparent. Grantee assumes all risks arising out of Grantee’s and/or Grantee’s Agents use of the Easement Area.

1.4.2 Grantee’s use of the Easement Area (including, without limitation, Grantee’s placement

of any Equipment in the Easement Area) will not interfere, impede, and/or obstruct Grantor’s, Grantor’s Agents’ and/or the public’s use of the Easement Area.

Article 2 Repairs; Maintenance; Construction Work

2.1 Grantee Repair and Maintenance Obligations. Grantee will keep and maintain all Equipment

located in the Easement Area, at Grantee’s cost and expense, in a good and safe condition. Grantee will keep and maintain the Easement Area and Property free of all trash and debris that has been caused and/or brought onto the Easement Area and/or Property by Grantee and/or Grantee’s Agents. Notwithstanding anything contained in this Agreement to the contrary, if Grantee disturbs and/or damages the Easement Area and/or Property (and/or causes another to damage and/or disturb the Easement Area and/or Property), Grantee will, at Grantee’s cost and expense, replace, repair, and/or restore the Easement Area and/or Property to the same condition to which the Easement Area and/or Property existed prior to the damage and/or disruption as soon as reasonably practicable and without unreasonable delay (but in no event later than thirty (30) days after the date of damage and/or disruption). If Grantee fails to timely replace, repair, and/or restore the Easement Area and/or Property to the same condition to which the Easement Area and/or Property existed prior to the damage and/or disruption, Grantor may cause the replacement, repair, and/or restoration work to be completed at Grantee’s cost and expense. Grantee will pay Grantor all reasonable costs and expenses incurred by Grantor to replace, repair, and/or restore the Easement Area and/or Property within ten (10) days after Grantor’s written demand.

2.2 Equipment; Relocation. 2.2.1 Notwithstanding anything contained in this Agreement to the contrary, (a) Grantee will

locate, place, and install the Equipment (including, without limitation, the Cabinet) within the Easement Area in accordance with the Plans and Specifications, and (b) excepting the Cabinet, all Equipment will be located underground. Grantee and Grantee’s Agents may temporarily, and to the extent necessary, park their vehicles and stage construction equipment and materials on the Easement Area during Grantee’s completion of the Construction Work provided Grantee and Grantee’s Agents exercise their best efforts to avoid unreasonably interfering and/or disrupting Grantor’s, Grantor’s Agents’, and/or the public’s use of the Easement Area. Grantee will park vehicles and stage all construction equipment and materials in a safe and prudent manner.

2.2.2 Grantee will maintain, at Grantee’s cost and expense, all Equipment in good and safe

order and condition and in accordance with applicable Laws. Grantee will be responsible for obtaining all necessary licenses, permits, and authorizations that may be required to install and operate the Equipment in the Easement Area.

2.2.3 Upon ninety (90) days’ prior written notice by Grantor to Grantee (the “Relocation

Notice”), Grantee will remove, relocate, change, and/or alter the position and/or location of all or any part of the Equipment identified by Grantor. Grantee will remove, relocate, change, and/or alter the position and/or location of the affected Equipment to an alternative location Grantor and Grantee mutually and reasonably agree is suitable. Grantee will pay the cost and expense of the removal, relocation, change, and/or alteration if Grantor determines that such removal, relocation, change, and/or alteration is necessary due to the following: (a) Emergency; (b) construction, repair, installation, extension, expansion, and/or maintenance of any Grantor and/or


other public work, improvement, and/or utilities; (c) Grantor’s operations (or those of other governmental entities) in, on, and/or under the Easement Area requires the removal, relocation, change, and/or alteration of the Equipment; (d) removal, relocation, change, and/or alteration is pursuant to a beautification, streetscape, and/or other Grantor improvement project; and/or (e) public convenience and/or necessity (as reasonably determined by Grantor). Nothing contained in this Agreement will be construed in any way to prevent Grantor from sewering, grading, planking, rocking, paving, repairing, altering, and/or improving the Easement Area in and/or on which the Equipment is or will be placed. If Grantee is required to complete any removal, relocation, change, and/or alteration work under this Section 2.2.3 due to Emergency, Grantee will exercise its best efforts to complete such work promptly and without delay but in no event later than forty-eight (48) hours after Grantor’s request.

2.3 Construction Work. Grantor grants Grantee permission to perform and complete the Construction Work, at Grantee’s cost and expense, in the Easement Area. Prior to Grantee’s commencement (or causing another to commence) any Construction Work within the Easement Area, Grantee will (a) provide Grantor ten (10) days’ prior written notice, (b) obtain all necessary licenses, permits, and authorizations concerning the proposed Construction Work, if any, and (c) in cooperation and coordination with Grantor, document existing fence conditions in the Easement Area, if any. If Grantor requests in writing, Grantee will provide Grantor as-built drawings upon completion of the Construction Work. Grantee will conduct its operations and perform all Construction Work, including, without limitation, any excavation, installation, and/or restoration work, in accordance with the following: (w) all Construction Work will be completed in a safe manner; (x) all Construction Work will be completed so as to minimize disruption and interference with Grantor’s, Grantor’s Agents’ and/or the public’s use of the Property; (y) all Construction Work will be completed in accordance with this Agreement and applicable Laws; and (z) all Construction Work will be completed in a good workmanlike manner.

2.4 Insurance. Grantee, at its cost and expense, will obtain and maintain in full force and effect

during the term of this Agreement the following insurance coverage and their respective minimum limits: (a) workers’ compensation insurance within statutory limits; (b) employer’s liability insurance with limits of $1,000,000 per accident, $2,000,000 in the aggregate; (c) commercial general liability insurance with limits of $2,000,000 for bodily injury or death to each person and for property damage per occurrence, $4,000,000 in the aggregate; and (d) automobile liability insurance for all owned, non-owned, and hired vehicles that are or may be used by Grantee and its employees with limits of $2,000,000 for each accident. Each liability insurance policy Grantee is required to obtain and maintain under this Section 2.4 will include Grantor and Grantor’s officers, employees, and volunteers as additional insureds with respect to this Agreement. Grantee may not modify or terminate any insurance policy required under this Agreement without providing Grantor thirty (30) days’ prior written notice; except if such cancellation is due to failure to pay premiums in which case ten (10) days’ prior written notice of cancellation may be given. Grantee will provide Grantor evidence satisfactory to Grantor that Grantee has obtained and is maintaining the insurance and endorsements required under this Section 2.4 upon Grantee’s execution of this Agreement and thereafter within ten (10) days after Grantor’s written request.

2.5 Hazardous Substances. Grantee will not cause or permit any Hazardous Substances to be spilled, leaked, disposed of, and/or otherwise released on or under the Easement Area, Property, and/or any surrounding areas. Without otherwise limiting the immediately preceding sentence, Grantee will comply with all Environmental Laws and will exercise the degree of care in the use and handling of any Hazardous Substances which is standard in the industry and will take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used and/or handled in, on, and/or over the Easement Area.

Article 3 Term and Termination

3.1 Term of Easement. 3.1.1 The term of this Agreement commenced on the Effective Date and will remain in full

force and effect until terminated in accordance with this Agreement. This Agreement (and the Easement) may be terminated at any time by the parties’ mutual written agreement. In addition to any other termination event


identified in this Agreement, the Easement will terminate (a) if Grantee fails to continuously use the Equipment for a period of twelve (12) consecutive months, or (b) upon removal of the Equipment from the Easement Area.

3.1.2 Notwithstanding anything contained in this Agreement to the contrary, this Agreement and the Easement will terminate if (a) Grantee abandons the Easement Area for a period of twelve (12) months or more, and/or (b) Grantee breaches and/or otherwise fails to perform any Grantee representation, warranty, covenant, and/or obligation contained in this Agreement. Prior to Grantor declaring Grantee in default under this Section 3.1.2, Grantor must provide Grantee the Default Notice and opportunity to cure in accordance with Section 4.6.

3.2 Grantee Termination Obligations. In addition to any other Grantee obligation under this

Agreement, upon termination of this Agreement, Grantee will perform the following obligations: (a) execute a recordable document acceptable to Grantor evidencing termination of this Agreement (and the Easement); and (b) if requested by Grantor, Grantee will remove all Equipment and restore the Easement Area (and any Property disturbed by Grantee) to its condition as of the Effective Date, reasonable wear and tear excepted, at Grantee’s cost and expense.

3.3 Remedies. If a party breaches or otherwise fails to perform any of its terms, covenants,

conditions, and/or obligations under this Agreement, the non-defaulting party may, in addition to any other remedy provided to the non-defaulting party under this Agreement, pursue any and all remedies available to the non-defaulting party at law or in equity. All available remedies are cumulative and may be exercised singularly or concurrently.

3.4 Release; Indemnification. Grantee releases and will defend, indemnify, and hold Grantor and Grantor’s Agents harmless for, from, and against all claims, actions, proceedings, damages, liabilities, losses, and expenses of every kind, including, without limitation, attorney fees and costs, resulting from or arising out of the following: (a) the acts and/or omissions of Grantee and/or Grantee’s Agents which arise in any manner out of Grantee’s and/or Grantee’s Agents use of the Easement Area and/or Property, including, without limitation, Grantee’s installation of the Equipment and/or any Construction Work; (b) damage, injury, and/or death to person or property caused by the acts and/or omissions of Grantee and/or Grantee’s Agents; (c) spill, leak, release, and/or disposal of any Hazardous Substances in, on, under, and/or about the Easement Area and/or Property (and/or surrounding properties); and/or (d) Grantee’s breach and/or failure to perform any Grantee representation, warranty, covenant, and/or obligation under this Agreement. Grantee’s indemnification obligations provided under this Section 3.4 will survive the termination of this Agreement for the applicable statutory period of limitations.

Article 4

Miscellaneous 4.1 Amendment; Waiver; Severability. This Agreement fully sets forth the terms and conditions of

the Easement. There are no oral or other written agreements between Grantor and Grantee that modify, alter, or amend this Agreement. This Agreement may not be modified or amended, in any respect whatsoever, in whole or in part, except by a written instrument executed by the parties and duly recorded in the Official Records of Jefferson County. No waiver will be binding on a party unless it is in writing and signed by the party making the waiver. A party’s waiver of a breach of a provision of this Agreement will not be a waiver of any other provision or a waiver of a subsequent breach of the same provision. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement will not be impaired. Any exhibits, schedules, and other attachments referenced in this Agreement are part of this Agreement. Nothing contained in this Agreement will be deemed to be a gift or dedication of any portion of the Property and/or the Easement Area to or for the general public or for any public purpose whatsoever, it being the intention of the parties that this Agreement will be strictly limited to and for the purpose expressed herein.


4.2 Easement Runs with the Land; Counterparts. The Easement is granted subject to all prior easements and encumbrances whether of record or apparent from a visual inspection of the Property. The Easement and covenants contained in this Agreement will run with the land and be binding upon the successors and assigns of the interest in the land. Grantee will ensure that Grantee’s Agents comply with the terms and conditions contained in this Agreement. Grantee will not assign this Agreement (and/or the Easement) to any person without Grantor’s prior written consent. Subject to the immediately preceding sentence, this Agreement (and the Easement) will be binding on the parties and their respective heirs, personal representatives, successors, and permitted assigns, and will inure to their benefit.

4.3 Survival; Time of Essence; Notices. The termination of this Agreement, regardless of how it occurs, will not relieve a party of obligations that have accrued before the termination. Time is of the essence with respect to all dates and time periods in this Agreement. Any notice required under this Agreement must be in writing. Any notice will be deemed given when personally delivered or will be deemed given three business days following delivery of the notice by U.S. mail, postage prepaid, certified, return receipt requested, by the applicable party to the address of the other party first shown above (or any other address that a party may designate by notice to the other party), unless that day is a Saturday, Sunday, or legal holiday, in which event it will be deemed delivered on the next following business day.

4.4 Governing Law; Venue; Attorney Fees. This Agreement is governed by the laws of the State of

Oregon, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement. Any action or proceeding arising out of this Agreement will be litigated in courts located in Jefferson County, Oregon. Each party consents and submits to the jurisdiction of any local, state, or federal court located in Jefferson County, Oregon. If any arbitration or litigation is instituted to interpret, enforce, or rescind this Agreement, including, without limitation, any proceeding brought under the United States Bankruptcy Code, the prevailing party on a claim will be entitled to recover with respect to the claim, in addition to any other relief awarded, the prevailing party’s reasonable attorney fees and other fees, costs, and expenses of every kind, including, without limitation, the costs and disbursements specified in ORCP 68 A(2), incurred in connection with the arbitration, the litigation, any appeal or petition for review, the collection of any award, or the enforcement of any order, as determined by the arbitrator or court.

4.5 Interpretation; Exercise of Discretion; Expenses. All pronouns contained herein and any

variations thereof will be deemed to refer to the masculine, feminine, or neutral, singular or plural, as the identity of the parties may require. The singular includes the plural and the plural includes the singular. The word “or” is not exclusive. The words “include,” “includes,” and “including” are not limiting. The titles, captions, or headings of the sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. When a party is exercising any consent, approval, determination, or similar discretionary action under this Agreement, the standard will be the party’s commercially reasonable discretion and such discretion will not be unreasonably withheld, conditioned, or delayed. Grantee will pay all fees, costs, and expenses incurred in connection with the Easement, including, without limitation, the costs for all Construction Work and the cost of recording this Agreement in the Jefferson County Official Records. Contemporaneously with Grantee’s execution of this Agreement, Grantee will pay Grantor $2,000.00 for costs incurred by Grantor in connection with this Agreement.

4.6 Default. No act or omission of either party will be considered a default under this Agreement

unless and until the defaulting party has received prior written notice from the non-defaulting party specifying with reasonable particularity the nature of the default the non-defaulting believes exists (the “Default Notice”). Commencing from the defaulting party’s receipt of the Default Notice, the defaulting party will have ten (10) days within which to cure or remedy the alleged default (the “Cure Period”) before the defaulting party will be deemed in default under this Agreement; provided, however, if the defaulting party is unable to cure the default within the Cure Period, the defaulting party will not be deemed in default under this Agreement if the defaulting party begins correction of the default within the Cure Period (and exercises its best efforts to cure the default within the Cure Period) and thereafter proceeds with reasonable diligence and in good faith to remedy the default after the expiration of the Cure Period; provided, further, that the defaulting party will not receive more than thirty (30)


days within which to cure or remedy the default, commencing on the defaulting party’s receipt of the Default Notice.

IN WITNESS WHEREOF, the undersigned have caused this Agreement to be effective for all purposes as of the Effective Date. GRANTOR: GRANTEE: City of Madras, LightSpeed Networks, Inc. an Oregon municipal corporation an Oregon corporation d/b/a LS Networks and LSN ________________________________________ ___________________________________________ By: _____________________________________ By: ________________________________________ Its: _____________________________________ Its: ________________________________________ Date: ___________________________________ Date: ______________________________________ State of Oregon ) ) ss. County of Jefferson ) The foregoing instrument was acknowledged before me on _____________, 2020 by _______________________, who stated that he or she is __________________________ of City of Madras, an Oregon municipal corporation, and that he or she is authorized to execute the foregoing instrument on behalf of the aforementioned municipality.

Notary Public for Oregon My Commission Expires:

State of Oregon ) ) ss. County of ________ ) The foregoing instrument was acknowledged before me on _____________, 2020 by _______________________, who stated that he or she is __________________________ of LightSpeed Networks, Inc., an Oregon corporation d/b/a LS Networks and LSN, and that he or she is authorized to execute the foregoing instrument on behalf of the aforementioned corporation.

Notary Public for Oregon My Commission Expires:

APPENDIX A – DEFINITIONS {10340787-01167515;2}

Appendix A Definitions

“Agent(s)” means the directors, officers, shareholders, managers, members, employees, agents, contractors, tenants, business invitees, and/or representatives of the identified party. “Agreement” has the meaning assigned to such term in the preamble.

“Construction Work” means that certain construction activity in, on, over, and/or under the Easement Area described in the attached Exhibit D, including any excavation, maintenance, improvement, repair, extension, and/or relocation work concerning the Equipment’s installation in the Easement Area.

“Cure Period” has the meaning assigned to such term in Section 4.6. “Default Notice” has the meaning assigned to such term in Section 4.6.

“Easement” has the meaning assigned to such term in Section 1.2. “Easement Area” has the meaning assigned to such term in Section 1.2.

“Effective Date” means the date upon which this Agreement has been fully executed by the parties. “Emergency” means a human created or natural event or circumstance that causes or threatens loss of life, injury to person or property, human suffering, and/or significant financial loss. “Environmental Law(s)” means any federal, state, and/or local statute, regulation, and/or ordinance, or any judicial or other governmental order pertaining to the protection of health, safety, and/or the environment. “Equipment” means poles, wires, optical fiber wire, conductors, appliances, and related equipment Grantee requires for telecommunication purposes, including the utility cabinet (the “Cabinet”) identified in the Plans and Specifications. “Grantee” has the meaning assigned to such term in the preamble. “Grantor” has the meaning assigned to such term in the preamble. “Hazardous Substance(s)” means any hazardous, toxic, infectious, and/or radioactive substance, waste, and/or material as defined or listed by any Environmental Law, and will include petroleum oil and its fractions. “Law(s)” means all applicable federal, state, and local laws, regulations, ordinances, and codes, whether now existing or hereafter adopted, amended, and/or promulgated, including, without limitation, all Environmental Laws and those laws and regulations applicable to telecommunications equipment. “Plans and Specifications” means those Equipment field and design specifications attached as Exhibit C. “Property” has the meaning assigned to such term in the Recital. “Relocation Notice” has the meaning assigned to such term under Section 2.2.3.

EXHIBIT A – PROPERTY DESCRIPTION {10340787-01167515;2}

Exhibit A Property Description

[attached]

Exhibit “A”

Lot 9 in Block 8, Map of Palmain, County of Jefferson, State of Oregon

D

XX

XX

X X

X

D30

D30

D16

D24

D20

D32

D11

D9

D9

D9

D16

D4

D

D4

D4

D4

D4

D4

D4

D4

D4

D4

D

D

D

D

D

D

D

TAXMAP 111312BBTAX LOT 1000

TAX LOT 900MAP 111312BB

ZONE OS0.16 ACRES


ZONE OS0.16 ACRES


ZONE OS0.16 ACRES

TAXMAP 111312BBTAXLOT 902


ZONE OS0.16 ACRES


ZONE OS0.16 ACRES

TAXMAP 111312BBTAXLOT 901

-1.5%

6.75'4.00'

4.00'

6.75'

8.00'

5.71'

8.50'

8.62'

5.00'

5.00'

SCALE: 1" = 30'

15'0 30' 60'

FOR 34"x22" SHEETS

c

Hay

es M

cCoy

PE

, P

LS

, C

WR

E

EN

GIN

EE

RIN

G &

S

UR

VE

YIN

G, L

LC

1180

SW

Lak

e R

oad

, Sui

te 2

01 R

edm

ond

, OR

977

56

H.A

. M

C

OY

54

1-9

23

-7

55

4 h

ay

es@

ha

m-e

ng

r.co

m

DRAWING:

JOB NO.

DA

TE:

No.

RE

VIS

ION

:S

HE

ET

TITL

E:

PR

OJE

CT:

DRAWN BY:

CLI

EN

T:

PR

OJE

CT

LOC

ATI

ON

:

DR

AW

ING

STA

TUS

:D

ATE

:

CIT

Y O

F M

ADRA

S

MAD

RAS,

ORE

GO

N

MAD

RAS

SPRA

Y PA

RK

C3.0

SUBJECT PROPERTIES

FLO

OD

PLAI

ND

EVEL

OPM

ENT

PLAN

BENCHMARK LOCATIONMAG NAIL

ELEV: 2248.50

FLOODPLAIN DEVELOPMENT APPLICATION

A. PLACEMENT OF LOWEST HABITABLE FLOOR NO LOWER THAN 1 FOOT ABOVE BFENO HABITABLE STRUCTURES ARE PROPOSED AS PART OF THIS APPLICATION.

B. ANCHORING AND OTHER TECHNIQUES TO PREVENT DAMAGE TO THE PROPOSED STRUCTURE DURING A FLOOD EVENTALL SPRAY PARK FIXTURES ARE ANCHORED TO THE CONCRETE SLAB ACCORDING TO MANUFACTURER'S SPECIFICATION.

C. TECHNIQUES TO PREVENT LOSS OF STRUCTURAL COMPONENTS THAT COULD CREATE A DEBRIS HAZARD DOWNSTREAMDURING A FLOOD EVENTALL SPRAY PARK FIXTURES ARE ANCHORED TO THE CONCRETE SLAB ACCORDING TO MANUFACTURER'S SPECIFICATION. NOLOSS OF FIXTURES IS ANTICIPATED IN A FLOOD EVENT.

D. CONSIDERATIONS TAKEN TO PREVENT ACCUMULATION OF DEBRIS CARRIED BY A FLOOD AGAINST THE PROPOSEDSTRUCTURENO STRUCTURES ARE PROPOSED. FIXTURES ARE GENERALLY SMALL AND CONSTRUCTED OF 8" (MAX.) STEEL TUBING AND AREUNLIKELY TO ACCUMULATE ANY DEBRIS IN THE CASE OF A FLOOD.

E. NO RISE IN BASE FLOOD ELEVATION DURING A FLOOD EVENT (0.0" ABOVE BFE)NO STRUCTURES ARE PROPOSED WITHIN THE FLOODPLAIN. THE PROPOSED CONCRETE SLAB WILL BE LOCATED AT EXISTINGGRADE AND WILL NOT IMPACT THE FLOOD ELEVATION.

F. RESTRICTIONS ON DEVELOPMENT IN THE FLOODWAYTHE SUBJECT PROPERTY IS LOCATED WITHIN THE 100-YEAR ZONE AE FLOODPLAIN, NOT A FLOODWAY

FIRM PANEL 410103 0001C(SEE SECTIONS 3C/3D)

AutoCAD SHX Text

P

AutoCAD SHX Text

IRR

AutoCAD SHX Text

IRR

AutoCAD SHX Text

IRR

AutoCAD SHX Text

IRR

AutoCAD SHX Text

IRR

AutoCAD SHX Text

FILE: \\freenas\NAS\HAM Engr\17-007 Madras Spray Park\Engineering\190711-17007-ENGR-CO2.dwg 5/20/2019 10:06 AM - Chuck\\freenas\NAS\HAM Engr\17-007 Madras Spray Park\Engineering\190711-17007-ENGR-CO2.dwg 5/20/2019 10:06 AM - Chuck 5/20/2019 10:06 AM - Chuck5/20/2019 10:06 AM - Chuck - Chuck

AutoCAD SHX Text

SCW

AutoCAD SHX Text

17-007

AutoCAD SHX Text

CONSTRUCTION PLAN

AutoCAD SHX Text

01/11/19

AutoCAD SHX Text

RENEWAL DATE: 12/31/20

AutoCAD SHX Text

R

AutoCAD SHX Text

E

AutoCAD SHX Text

G

AutoCAD SHX Text

I

AutoCAD SHX Text

S

AutoCAD SHX Text

T

AutoCAD SHX Text

E

AutoCAD SHX Text

R

AutoCAD SHX Text

E

AutoCAD SHX Text

D

AutoCAD SHX Text

P

AutoCAD SHX Text

R

AutoCAD SHX Text

O

AutoCAD SHX Text

F

AutoCAD SHX Text

E

AutoCAD SHX Text

S

AutoCAD SHX Text

S

AutoCAD SHX Text

I

AutoCAD SHX Text

O

AutoCAD SHX Text

N

AutoCAD SHX Text

A

AutoCAD SHX Text

L

AutoCAD SHX Text

5

AutoCAD SHX Text

0

AutoCAD SHX Text

0

AutoCAD SHX Text

2

AutoCAD SHX Text

Y

AutoCAD SHX Text

L

AutoCAD SHX Text

U

AutoCAD SHX Text

J

AutoCAD SHX Text

12,

AutoCAD SHX Text

E

AutoCAD SHX Text

N

AutoCAD SHX Text

G

AutoCAD SHX Text

I

AutoCAD SHX Text

N

AutoCAD SHX Text

E

AutoCAD SHX Text

E

AutoCAD SHX Text

R

AutoCAD SHX Text

65686PE

AutoCAD SHX Text

OREGON

AutoCAD SHX Text

REVISIONS

AutoCAD SHX Text

02/01/19

AutoCAD SHX Text

ADDENDUM 1

AutoCAD SHX Text

02/01/19

AutoCAD SHX Text

1

AutoCAD SHX Text

CHANGE ORDER 1

AutoCAD SHX Text

04/08/19

AutoCAD SHX Text

2

jhurd

Rectangle

jhurd

Callout

Lot 9 in Block 8, Map of Palmain

jhurd

Text Box

Exhibit "A"

EXHIBIT B – EASEMENT AREA {10340787-01167515;2}

Exhibit B Easement Area

[attached]

Exhibit “B” LEGAL DESCRIPTION OF EASEMENT AREA: LOCATED IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 11 SOUTH, RANGE 13 EAST OF THE WILLAMETTE MERIDIAN, CITY OF MADRAS, JEFFERSON COUNTY, OREGON. BEGINNING AT A 3/4” IRON PIPE FOUND, REFERENCED IN RECORD OF SURVEY 954075, THE NORTHWEST CORNER OF NE NINTH STREET AND SE ‘C’ STREET INTERSECTION, LOCATION ALSO BEING THE POINT OF BEGINNING OF THE FOLLOW DESCRIBED EASEMENT FOR ACCESS, CONSTRUCTION AND MAINTENANCE. THENCE WEST 106.00’ ALONG THE NORTH RIGHT OF WAY LINE OF SE ‘C’ STREET TO THE TRUE POINT OF BEGINNING. CONTINUE ALONG THE NORTH RIGHT OF WAY LINE OF SE ‘C’ STREET WEST 15.00’, THENCE NORTH 5.00’, THENCE EAST 15.00’, THENCE SOUTH 5.00’ TO THE TRUE POINT OF BEGINNING. AREA CONTAINING 75 SQUARE FEET.

EXHIBIT C – EQUIPMENT PLANS AND SPECIFICATIONS {10340787-01167515;2}

Exhibit C Equipment Plans and Specifications

[attached]

jhurd

Text Box

Exhibit C

EXHIBIT D – CONSTRUCTION WORK {10340787-01167515;2}

Exhibit D Construction Work

Grantee will perform the following Construction Work subject to the terms and conditions contained in this Agreement: Underground Construction Crew will be Trenching from existing utility pole approx.. 10’ NE To Parcel and placing (3) New Schedule 40 PVC pipes to Vault and Cabinet Location. At Vault location over excavate vault area 36’x76’x42’ by an additional 6 inches. Place Vault lid to be set flush with existing sidewalk grade and restore work areas. Contractor will then Trench another 5’ East and Place new conduit heading into the Cabinet. Place new 30’x48’x24’ Vault for Cabinet to be placed on.



Date Submitted: April 27, 2020 Agenda Date: May 12, 2020 To: Mayor and City Council Members From: Jeff Hurd, Public Works Director Subject: APPLICATION FOR FEDERAL ASSISTANCE THROUGH THE

CARES ACT FOR THE MADRAS MUNICIPAL AIRPORT TYPE OF ACTION REQUESTED: [ ] Resolution [ ] Ordinance [ X] Formal Action/Motion [ ] Contract Review Board [ ] None - Report Only FORMAL ACTION/MOTION: That Council approve and authorize the City Administrator to apply for Federal Assistance for the Madras Municipal Airport in the amount of $30,000.00.

DESCRIPTION & STAFF ANALYSIS: On April 14, 2020, the Secretary of Transportation announced funding for Airports under the CARES Act. The intent of the funding is to assist airports with the COVID-19 Public Health Emergency. Each airport is allocated funding based on their Statewide Capital Improvement Plan and the projects include in each Airports Capital Improvement Plan. The distribution that the Madras Municipal Airport is eligible to receive is $30,000. The funds received are eligible to use for operational expenses such as payroll, utility bills, or payment of debt service. In order to receive the funding, the City needs to complete the attached application prepared by the Seattle ADO and email it in. SUMMARY:

A. Fiscal Impact: CARES Act Funding for Airport =$30,000.00

B. Funding Source: • To be deposited in the Airport Operations Fund and used for operational

expenses.

• This is an unanticipated revenue that will need to be appropriated in FY 20-21 budget.



• Application for Federal Assistance SF-424

RECOMMENDATION: Formal Action/Motion that Council approve and authorize the City Administrator to apply for Federal Assistance for the Madras Municipal Airport in the amount of $30,000.00.

ROMB Number: 4040-0004 Expiration Date: 12/31/2022

Application for Federal Assistance SF-424

*1. Type of Submission:

Preapplication

Application

Changed/Corrected Application

*2. Type of Application

New

Continuation

Revision

* If Revision, select appropriate letter(s):

*Other (Specify)

*3. Date Received: 4. Applicant Identifier: NA S33 (Madras Municipal) Madras, OR

*5b. Federal Entity Identifier: 410035

*5b. Federal Award Identifier:

State Use Only:

6. Date Received by State: 7. State Application Identifier:

8. APPLICANT INFORMATION:

*a. Legal Name: City of Madras

*b. Employer/Taxpayer Identification Number (EIN/TIN): 93-6002202

*c. Organizational DUNS: 02-591-9739

d. Address:

*Street 1: 2028 NW Airport Way

Street 2:

*City: MADRAS

County:

*State: OR

Province:

*Country: USA: United States

*Zip / Postal Code 97741

e. Organizational Unit:

Department Name:

Division Name:

f. Name and contact information of person to be contacted on matters involving this application:

Prefix: Mr. *First Name: Gus

Middle Name:

*Last Name: Burril

Suffix:

Title: Public Works Director

Organizational Affiliation:

*Telephone Number: 541-475-6947 Fax Number:

*Email: [email protected]

OMB Number: 4040-0004 Expiration Date: 12/31/2022


*9. Type of Applicant 1: Select Applicant Type: X. Airport Sponsor

Type of Applicant 2: Select Applicant Type:

Type of Applicant 3: Select Applicant Type:

*Other (Specify)

*10. Name of Federal Agency: Federal Aviation Administration

11. Catalog of Federal Domestic Assistance Number:

20.106

CFDA Title: Airport Program

*12. Funding Opportunity Number:

NA

*Title: NA

13. Competition Identification Number:

NA

Title:

NA

14. Areas Affected by Project (Cities, Counties, States, etc.):

*15. Descriptive Title of Applicant’s Project:

Any purpose for which airport funds may be lawfully used, as found in the Office of Airports Revenue Use Policy, except airport

development or land acquisition.

Attach supporting documents as specified in agency instructions.

OMB Number: 4040-0004

Expiration Date: 12/31/2022


16. Congressional Districts Of:

*a. Applicant: 2 *b. Program/Project:

Attach an additional list of Program/Project Congressional Districts if needed.

17. Proposed Project:

*a. Start Date: NA *b. End Date: NA

18. Estimated Funding ($):

*a. Federal

*b. Applicant

*c. State

*d. Local

*e. Other *f. Program Income *g. TOTAL

$30,000.

$0

$0

$0

$0

$30,000.

*19. Is Application Subject to Review By State Under Executive Order 12372 Process?

a. This application was made available to the State under the Executive Order 12372 Process for review on .

b. Program is subject to E.O. 12372 but has not been selected by the State for review.

c. Program is not covered by E. O. 12372

*20. Is the Applicant Delinquent On Any Federal Debt? (If “Yes”, provide explanation in attachment.)

Yes No

If “Yes”, provide explanation and attach

21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001)

** I AGREE

** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.

Authorized Representative:

Prefix: Mr. *First Name: Gus

Middle Name:

*Last Name: Burril

Suffix:

*Title: Public Works Director

*Telephone Number: 541-475-6947 Fax Number:

* Email: [email protected]

*Signature of Authorized Representative: *Date Signed:



Date Submitted: April 30, 2020 Meeting Date: May 12, 2020 To: Mayor and City Council Members From: Jeff Hurd, Public Works Director Through: Gus Burril, City Administrator Subject: RESOLUTION NO. 21-2020 A RESOLUTION OF THE CITY OF MADRAS AMENDING,

RESTATING, SUPERSEDING AND REPLACING RESOLUTION NO. 14-2020 AND AUTHORIZING THE CITY OF MADRAS TO APPLY FOR LOCAL GOVERNMENT GRANT PROGRAM FUNDS FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR THE “SAHALEE PARK RESTROOM RELOCATION PROJECT” IN THE AMOUNT OF $480,000.00.

TYPE OF ACTION REQUESTED: [ X ] Resolution [ ] Ordinance [ X ] Formal Action/Motion [ ] Contract Review Board [ ] None - Report Only FORMAL ACTION / MOTION: That Council approve and adopt Resolution No. 21-2020 authorizing the City of Madras to apply for a Local Government Grant Program for the Sahalee Park Relocation Project in the amount of $480,000.00 amending, restating, superseding, and replacing Resolution No. 14-2020. DESCRIPTION: The City of Madras has the opportunity to apply for funding from the Oregon Parks and Recreation Department through a Local Government Grant Program. To date, the City has received funding through the Land and Water Conservation Fund in the amount of $135,00.00. Local Government Grant Program =$288,000.00 Land and Water Conservation Fund =$135,000.00 City Cash =$ 57,000.00 For a total project cost of =$480,000.00 STAFF ANALYSIS: City Council approved Resolution No. 14-2020 authorizing the City of Madras to apply for grant funding from OPRD Local Government Grant to construct new bathrooms at Sahalee Park.


Resolution 14-2020 stated that Land and Water Conservation Fund would contribute $155,000.00 and the City would contribute $37,000.00. Resolution 14-2020 was incorrect as because the Public Works Director entered the incorrect amount from Land and Water Conservation Fund. Land and Water Conservation Fund is only granting the City $135,000 not $155,000. The Public Works Director contacted Oregon Parks and Recreation and they will allow us to resubmit our application with the correct funding amounts. The attached Resolution will fix that error and the application will be deemed complete. The Public Works Director has been notified that while the Land and Water Conservation Fund will honor our existing amendment of $135,000 to replace the bathrooms, Local Government Grant Program cannot guarantee their will be grant awards this year due to the COVID-19 pandemic as they receive their funding through the lottery. The Public Works Director proposes to still submit the application in hopes that we may receive some if not all of the request. The Public Works Director is and will continue to look for other options as a backup sources in case funding does not come through but we may need to consider scaling down the project, or funding additional funds ourselves with Parks SDCs. SUMMARY:

A. Fiscal Impact: • Project Cost of the Sahalee Park Restroom Relocation is $480,000.00 • Revenue

o LWCF : $135,000 o LGGP $288,000 o City Cash $ 57,000 o Total Revenue = $480,000

B. Funding Source:

Park Fund The revenues from LGGP and LWCF have been budgeted in the

upcoming 20-21 budget. Before City Council adopts the budget in June, the budget will need to be updated to increase transfers from SDC Park Improvement Fund to Parks and Golf Fund an additional $20,000 reducing contingency in SDC Park Improvement Fund to $30,000. The revenue line item for LWCF will need to be adjusted to $135,000.

C. Recognition of Collateral Material and Technical Report: Attached is Resolution No. 21-2020 Restroom Relocation Concept

RECOMMENDATION: Formal action / motion: That Council approve and adopt Resolution No. 21-2020 authorizing the City of Madras to apply for a Local Government Grant Program for the Sahalee Park Relocation Project in the amount of $480,000.00 amending, restating, superseding, and replacing Resolution No. 14-2020.

of 2 Resolution No. 21-2020

RESOLUTION NO. 21-2020

A RESOLUTION OF THE CITY OF MADRAS AMENDING, RESTATING, SUPERSEDING AND REPLACING RESOLUTION NO. 14-2020 AND AUTHORIZING THE CITY OF MADRAS TO APPLY FOR LOCAL GOVERNMENT GRANT PROGRAM FUNDS FROM THE OREGON PARKS AND RECREATION DEPARTMENT FOR THE “SAHALEE PARK RESTROOM RELOCATION PROJECT” IN THE AMOUNT OF $480,000.00.

WHEREAS, the Oregon Parks and Recreation Department (OPRD) is currently accepting applications for the 2020 Local Government Grant Program; and

WHEREAS, the City of Madras desires to participate in this grant program to the greatest

extent possible as a means of relocating the Sahalee Park Restrooms; and

WHEREAS, the City proposes to demolish the existing restroom and relocate the restroom facility to a more centrally located area and install additional sidewalks; and WHEREAS, the estimated project cost is $480,000.00; and WHEREAS, the City received additional grant funding from the Land and Water Conservation Fund in the amount of $135,000.00 for the relocation of the restroom facility; and

WHEREAS, the City is proposing this project be financed in conjunction with an Oregon Parks and Recreation Department Land and Water Conservation Fund Grant in the amount of $135,000.00 and Local Government Grant in the amount of $288,000.00 and City cash in the amount of $57,000.00.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City of Madras as follows:

SECTION 1: The City of Madras supports the proposed project and is hereby

authorized to apply for a grant though the Oregon Parks and Recreation Department Local Government Grant Program in the amount of $480,000.00 to design & construct the “Sahalee Park Restroom Relocation”. The total project cost is estimated at $480,000.00, with the remaining 40% of the funding to come from the Land and Water Conservation fund of $135,000.00 and city cash of $57,000.00.

The City of Madras is hereby authorized to commit the funds and

resources necessary to deliver proposed project. SECTION 2: Mayor Richard Ladeby is hereby empowered to sign the resolution on the

City’s behalf. SECTION 3: This resolution shall become effective immediately upon its passage by

the Council and execution by the Mayor.


APPROVED AND ADOPTED by the City Council of the City of Madras and signed by the Mayor this 12th day of May, 2020. Ayes: _____ Nays: _____ Abstentions: _____ Absent: _____ Vacancies: _____

_____________________________

Richard Ladeby, Mayor

ATTEST: ______________________________ Lysa Vattimo, City Recorder

SD

EXISTING PAVILION

EXISTING PED ACCESS POINT




EXISTING COVERED PICNIC TABLE

EXISTING COVERED PICNIC TABLEEXISTING PICNIC TABLES

EXISTINGBASKETBALLCOURT

EXISTINGPLAYGROUND

NEW SIDEWALK

PROPERTY LINE (TYP)

PARK BOUNDARY

SPRAY PARK CONSTRUCTED IN 2019

C STREET

9TH

STRE

ET

7TH

STRE

ET

8TH

STRE

ET

B STREET

BATHROOM TO BEDEMOLISHED

NEW BATHROOM

SD

1" = 30'

AutoCAD SHX Text

PROJECT TITLE:

AutoCAD SHX Text

SAHALEE PARK BATHROOM

AutoCAD SHX Text

PROJECT LOCATION:

AutoCAD SHX Text

MADRAS, OREGON

AutoCAD SHX Text

SHEET TITLE:

AutoCAD SHX Text

LWCF SECTION 6 (F) (3) BOUNDARY MAP FOR MADRAS SPRAY PARK

AutoCAD SHX Text

DRAWN BY:

AutoCAD SHX Text

ISSUE DATE:

AutoCAD SHX Text

SCALE:

AutoCAD SHX Text

J.P.H

AutoCAD SHX Text

FEB 24, 2020

AutoCAD SHX Text

125 SW E STREETMADRAS, OREGON97741541-475-2344MADRAS, OREGON97741541-475-234497741541-475-2344541-475-2344

AutoCAD SHX Text

C-01



Date Submitted: May 5, 2020 Meeting Date: May 12, 2020 To: Mayor and City Council Members From: Charo Miller, HR & Administrative Director Through: Gus Burril, City Administrator Subject: RESOLUTION 22-2020 AUTHORIZING THE EMERGENCY BUSINESS

ASSISTANCE PROGRAM A resolution of the City of Madras authorizing the Urban Renewal Agency

of the City of Madras to establish and administer an Emergency Business Assistance Program.

TYPE OF ACTION REQUESTED:

Formal Action/Motion Public Hearing (Type)

Ordinance Resolution

Consent Agenda No Action - Report Only MOTION FOR COUNCIL ACTION: The City Council approve Resolution 22-2020 authorizing the Urban Renewal Agency to establish and administer an Emergency Business Assistance program. OVERVIEW At the April 14, 2020 Council meeting, Council agreed to the development of an emergency business assistance grant program to help local businesses that have been adversely affected by the Governor’s restrictions put in place due to COVID-19. It was agreed that the City would provide $100,000.00 towards this effort for businesses located within city limits. During the same evening meeting, the Madras Urban Renewal Agency agreed to allocate $200,000.00 for businesses located within the Urban Renewal District. It was agreed that a Task Force should be established to develop application and scoring criteria and begin the process. The Task Force has been established and the application and scoring criteria developed. Applications were opened to businesses on April 29th and will remain open until May 8th for the first round. Subsequent to the application process closing, the Task Force will review the applications and scoring matrix and begin making decision for funding. Finance staff will implement the program through a process they’ve developed. Checks will be cut as soon as qualified applicants turn in the necessary paperwork.


STAFF ANALYSIS This resolution has been developed to formalize the intent by Council for providing this emergency grant funding. SUMMARY:

A. Fiscal Impact:

• $100,000.00 City Funding • $200,000.00 MURA Funding

C. Funding Source:

• City Funding • MURA Funding

D. Explanation of Impact:

• Grants will be up to $2,500.00 per business, dependent upon review of the Task Force and scoring criteria.

E. Supporting Documentation:

• Attachment A: Resolution 22-2020 RECOMMENDATION/MOTION: The City Council approve Resolution 22-2020 authorizing the Urban Renewal Agency to establish and administer an Emergency Business Assistance program.

of 3 RESOLUTION NO. 22-2020 {10340793-01183527;1}

RESOLUTION NO. 22-2020 A RESOLUTION OF CITY OF MADRAS AUTHORIZING THE URBAN RENEWAL AGENCY OF THE CITY OF MADRAS TO ENGAGE IN AND ADMINISTER AN EMERGENCY RELIEF GRANT AND LOAN PROGRAM FOR CERTAIN BUSINESS LOCATED IN THE CITY.

WHEREAS, City of Madras (“City”), an Oregon municipal corporation, has all powers that

the constitutions, statutes, and common law of the United States and Oregon expressly or impliedly grant or allow City; and

WHEREAS, on March 8, 2020, Governor Kate Brown declared a state of emergency due to

the coronavirus (COVID-19) outbreak in Oregon (Executive Order No. 20-03), finding that COVID-19 has created a threat to public health and safety, and constitutes a statewide emergency under ORS 401.025(1); and

WHEREAS, on March 24, 2020, the Madras City Council (the “Council”) adopted Resolution No. 15-2020, pursuant to which the Council declared a state of emergency in response to COVID-19, which declaration was extended to May 31, 2020; and

WHEREAS, to mitigate the spread of COVID-19, Governor Kate Brown issued additional

executive orders that, among other things, order Oregonians to stay at home, prohibit nonessential social and recreational gatherings at a home or place of residence, require social distancing measures, prohibit on-premises consumption of food and/or beverage, and require the closure or curtailment of many businesses; and

WHEREAS, as a result of these restrictions and the COVID-19 pandemic, numerous

businesses located in City are closing, laying-off employees, and/or experiencing severely limited operations; and

WHEREAS, City anticipates that these closures will result in a detrimental impact on City’s

business community and, resultingly, a detrimental effect on the physical and economic conditions of the Madras Urban Renewal Area (the “Area”); and

WHEREAS, to support struggling businesses during the state of emergency, City and the

Urban Renewal Agency of the City of Madras (“Agency”) desire to establish and administer an emergency relief grant and loan program to provide financial relief to certain for-profit businesses located in City (the “Program”); and

WHEREAS, funds for the Program may include, without limitation, City’s tourism and

economic development funds and/or tax increment financing revenue; and WHEREAS, Agency is uniquely positioned to offer emergency financial assistance to

businesses located within the Area, which assistance may be in the form of mortgage, rental, and/or utility assistance (or related financial assistance); and

WHEREAS, as described herein, a mortgage, rental, and/or utility assistance program for

businesses in the Area is consistent with, among other things, the blight prevention and elimination goal and business retention goal of the Madras Urban Renewal Plan dated July 2002 (the “Plan”); and

of 3 RESOLUTION NO. 22-2020 {10340793-01183527;1}

WHEREAS, per Section 300 of the Plan, the general purposes of the Plan include, without limitation, to eliminate blighting influences found in the Area; and

WHEREAS, under Section 300(A), a goal of the Plan is to promote private development

within the Area to help create jobs, tax revenues, and self-sustaining, vital, and vibrant commercial districts and to create economic vitality; and

WHEREAS, under Section 500(E) of the Plan, Agency will participate in activities

designed to attract new businesses to the Area, retain existing businesses, and assist in economic development activities; and

WHEREAS, the section further provides that Agency “may provide assistance and

incentives, including loans, grants or other funding program, for private, nonprofit and for profit parties to undertake projects that are supportive of the economic development, job creation and employment goals of the [Plan]”; and

WHEREAS, the Plan authorizes certain projects and programs, including, without

limitation, the following: (a) financial mechanisms to promote, facilitate, and develop employment opportunities in the urban renewal area; and (b) providing business and/or financial assistance to firms seeking to improve operations, increase profitability, and/or create new jobs in support of the revitalization and employment goals of the Plan, with special emphasis on businesses and firms which provide family wage jobs; and

WHEREAS, under ORS 457.170(2), an urban renewal agency has the power to, among other things, “carry out any rehabilitation or conservation work in an urban renewal area”; and

WHEREAS, under ORS 457.180, an urban renewal agency is authorized to (a) carry out activities “for the prevention and elimination of urban blight,” and (b) engage in “community development activities specifically delegated to [the urban renewal agency] by the governing body of the municipality,” including, without limitation, conservation and rehabilitation, and “the making of grants and loans from any available source”; and

WHEREAS, the Council finds it necessary and appropriate to delegate to Agency the

authority to engage in the Program in accordance with ORS 475.180.

NOW, THEREFORE, BE IT RESOLVED that City of Madras resolves as follows: 1. Findings. The above-stated findings contained in this Resolution No. 22-2020 (this

“Resolution”) are hereby adopted. Without otherwise limiting the generality of the immediately preceding sentence, the Council approves and adopts the following findings: (a) Agency is authorized to engage in and administer the Program under ORS 457.170 and ORS 457.180; (b) the Program is necessary to prevent and eliminate blighting conditions in the Area; and (c) the Program is consistent with the Plan, including, without limitation, projects described in Section 500 of the Plan.

2. Authorization. To the fullest extent permitted under applicable law, the Council

authorizes, approves, delegates, and directs Agency without further Council approval and/or authorization, to take all actions necessary or appropriate to engage in and administer the Program in the Area. Agency will implement and administer the Program in the Area subject to and in accordance with the Plan and applicable law, including, without limitation, ORS Chapter 457.

of 3 RESOLUTION NO. 22-2020 {10340793-01183527;1}

3. Miscellaneous. All pronouns contained in this Resolution and any variations thereof will be deemed to refer to the masculine, feminine, or neutral, singular or plural, as the identity of the parties may require. The singular includes the plural and the plural includes the singular. The word “or” is not exclusive. The words “include,” “includes,” and “including” are not limiting. The provisions of this Resolution are hereby declared severable. If any section, subsection, sentence, clause, and/or portion of this Resolution is for any reason held invalid, unenforceable, and/or unconstitutional, such invalid, unenforceable, and/or unconstitutional section, subsection, sentence, clause, and/or portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law, and (b) not affect the validity, enforceability, and/or constitutionality of the remaining portion of this Resolution. This Resolution may be corrected by order of the Council to cure editorial and/or clerical errors.

ADOPTED by the City Council of City of Madras and signed by the Mayor this 12th day of

May, 2020.

Ayes: _____ Nays: _____ Abstentions: _____ Absent: _____ Vacancies: _____

_______________________________ Richard Ladeby, Mayor

ATTEST: ____________________________ Lysa Vattimo, City Recorder



Date Submitted: May 5, 2020 Meeting Date: May 12, 2020 To: Mayor and City Council Members From: Jeff Hurd, Public Works Director Through: Gus Burril, City Administrator Subject: RESOLUTION NO. 23-2020

A RESOLUTION OF THE CITY OF MADRAS AUTHORIZING THE CITY OF MADRAS TO APPLY FOR A FEDERAL ASSISTANCE BUILD 2020 GRANT AND AUTHORIZE THE CITY ADMINISTRATOR TO SIGN AND DATE THE GRANT APPLICATION FOR THE “US 97: EARL STREET – COLFAX LANE (MADRAS)” PROJECT IN THE AMOUNT OF $28,000,000.00.

TYPE OF ACTION REQUESTED: [ X ] Resolution [ ] Ordinance [ X ] Formal Action/Motion [ ] Contract Review Board [ ] None - Report Only FORMAL ACTION / MOTION: That Council approve and adopt Resolution No. 23-2020 authorizing the City of Madras to apply for a Federal Assistance Build 2020 Grant and authorize the City Administrator to sign and date the grant application for the “US 97: Earl Street – Colfax Lane (Madras)” project. DESCRIPTION: The City of Madras has the opportunity to partner with the Oregon Department of Transportation and apply for funding from the Department of Transportation’s Build 2020 Grant. The Oregon Department of Transportation has committed $17,000,000.00 thru the 2021-2024 Statewide Transportation Improvement Program towards this project. The Madras Urban Renewal Agency has committed $300,000.00 in the 2020-2022 biennial budget. Oregon Department of Transportation =$17,000,000.00 Madras Urban Renewal District =$ 300,000.00 BUILD Grant =$10,700,000.00 For a total project cost of =$28,000,000.00


STAFF ANALYSIS: The Oregon Department of Transportation has been planning on reconstructing 4th Street from Pine Street to J Street, 5th Street from Erickson’s (last phase of J Street) to D Street, and Highway 97 from Chestnut/Cedar to Pine Street. They are also planning on overlaying the highway from L Street to Colfax Lane and from the US Hwy 97/26 Junction at the north end of town to Earl Street. ODOT has allocated $17,000,000.00 for the project but this did not include the City’s standard streetscape (6 foot sidewalk, 4 foot paver strip, tree wells, pedestrian lighting, and irrigation) through the reconstruction project. The Madras Urban Renewal District has budgeted $300,000 towards the upcoming project but according to the 2015 costs on the last phase of J Street if we were to do a complete project and include the Stormwater elements all the way to public works from G Street and the Highway it will require an additional $11,000,000.00. The Federal Highway Administration is accepting applications for it’s 2020 BUILD grant (formally known as TIGER) and the City is eligible to apply for funding. Minimum grant request is $1,000,000.00 and maximum grant request is $25,000,000.00. These are extremely competitive grants but I believe we have a shot as we are partnering with ODOT and reaching out to our state senators for support. The grant is due May 18, 2020. If awarded, the plan will be to have ODOT administer the project with City oversight and will have to go to construction no later than September 2022. SUMMARY:

A. Fiscal Impact: • Project Cost of the complete project is $28,000,000.00 with the City

requesting $10,700,000.00 from the BUILD 2020 Grant. • Revenue

o Oregon Department of Transportation: $17,000,000.00 o Madras Urban Renewal Agency $ 300,000.00 o BUILD 2020 Grant $10,700,000.00 o Total Revenue = $28,000,000.00

B. Funding Source:

Administered by ODOT and could be paid directly to them. We might not see the revenues and expenditures on the City’s budget. This will be determined if awarded.

C. Recognition of Collateral Material and Technical Report: Attached is Resolution No. 23-2020 Estimate for streetscape elements and stormwater work Maps of sidewalk and stormwater needs for Madras.

RECOMMENDATION: Formal action / motion: That Council approve and adopt Resolution No. 23-2020 authorizing the City of Madras to apply for a Federal Assistance Build 2020 Grant and authorize the City Administrator to sign and date the grant application for the “US 97: Earl Street – Colfax Lane (Madras)” project.


RESOLUTION NO. 23-2020

A RESOLUTION OF THE CITY OF MADRAS AUTHORIZING THE CITY OF MADRAS TO APPLY FOR A FEDERAL ASSISTANCE BUILD 2020 GRANT AND AUTHORIZE THE CITY ADMINISTRATOR TO SIGN AND DATE THE GRANT APPLICATION FOR THE “US 97: EARL STREET – COLFAX LANE (MADRAS)” PROJECT IN THE AMOUNT OF $28,000,000.00.

WHEREAS, the Department of Transportation is currently accepting applications for the BUILD Transportation Grant due May 18, 2020; and

WHEREAS, the Oregon Department of Transportation has allocated $17,000,000.00 for the

project in the State of Oregon’s 2021-2024 Statewide Transportation Improvement Program; and

WHEREAS, the project requires an additional $11,000,000.00 for a complete project to include the City’s of Madras Standards for the downtown couplet on 4th and 5th street to include pedestrian lighting, sidewalks, street trees, irrigation, and stormwater management; and WHEREAS, the City of Madras as a rural area is eligible to apply for a BUILD Grant to supplement the project for a minimum of $1,000,000.00 and maximum of $25,000,000.00; and WHEREAS, the Madras Urban Renewal District has committed $300,000.00 in the 2020-2022 biennium budget; and

WHEREAS, the City is proposing this project be financed in conjunction with the Oregon Department of Transportation in the amount of $17,000,000.00, Madras Urban Renewal District in the amount of $300,000.00 and Department of Transportation 2020 Build Transportation Grant in the amount of $10,700,000.00.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City of Madras as follows:

SECTION 1: The City of Madras supports the proposed project and is hereby

authorized to apply for a grant through the Department of Transportation 2020 Build Transportation Grant in the amount of $28,000,000.00 to design & construct the “US 97: Earl Street – Colfax Lane (Madras)” project. The total project cost is estimated at $28,000,000.00, with the remaining 61% of the funding to come from the Oregon Department of Transportation in the amount of $17,000,000.00 and Madras Urban Renewal District in the amount of $300,000.00.

The City of Madras is hereby authorized to commit the funds and

resources necessary to deliver proposed project and authorizes the City Administrator as the authorized representative of the City to sign and date the application.

SECTION 2: Mayor Richard Ladeby is hereby empowered to sign the resolution on the

City’s behalf.


SECTION 3: This resolution shall become effective immediately upon its passage by the Council and execution by the Mayor.

APPROVED AND ADOPTED by the City Council of the City of Madras and signed by the

Mayor this 12th day of May, 2020. Ayes: _____ Nays: _____ Abstentions: _____ Absent: _____ Vacancies: _____

_____________________________

Richard Ladeby, Mayor

ATTEST: ______________________________ Lysa Vattimo, City Recorder

2015 Prices4th and 5th Standard - Couplet9600 linear feet of walk per this standard10' sidewalk plus curb

Item Description Qty UM Unit Cost Total Cost1 General Excavation 3911 CY 13.50$ 52,798.50$ 2 Removal of Structures and Obstructions 1 LS 20,000.00$ 20,000.00$ 3 Aggregate Base 2400 Ton 18.50$ 44,400.00$ 4 Concrete Curbs 9600 LF 12.75$ 122,400.00$ 5 Concrete Driveways/Walks 57600 SF 5.80$ 334,080.00$ 7 Metal Handrails 1000 Foot 65.00$ 65,000.00$ 8 Unit Pavers 38400 SF 9.25$ 355,200.00$ 9 Luminaries, Lamps, Ballasts 9600 LF 13.50$ 129,600.00$

10 Switching, Conduit, Wiring Lights 9600 LF 15.40$ 147,840.00$ 11 Switching, Conduit, Wiring Trees 9600 LF 21.50$ 206,400.00$ 12 Topsoil 13700 CY 50.00$ 685,000.00$ 13 Soil Conditioner 274 CY 47.00$ 12,878.00$ 14 Trees 2" 274 EA 300.00$ 82,200.00$ 15 Tree Grates 274 EA 1,150.00$ 315,100.00$ 16 Root Barrier 5480 LF 12.00$ 65,760.00$ 17 Street Lighting 64 EA 1,950.00$ 124,800.00$ 18 Pole Foundations 64 EA 600.00$ 38,400.00$ 19 Irrigation System 9600 LF 25.00$ 240,000.00$

Sub Total 3,041,856.50$

Construction Survey 1.2% 36,502.28$ TPDT 0.75% 22,813.92$ Mobilization 8% 243,348.52$

Sub Total 10% 302,664.72$

Contingency 15% 456,278.48$ Construction Engineering 4.0% 121,674.26$ Preliminary Engineering 5.00% 152,092.83$ ROW 2.50% 76,046.41$

Sub Total 27% 806,091.97$

Total 4,150,613.19$

US 97: Earl St. - Colfax Lane (Madras) Streetscape and Stormwater Work

2015 PricesSide Streets - 200' long x 44' wide4" of HMAC on 6" of Base3000 linear feet of walk per this standard. Pine, A, B, D, E, F, G, H, I

Item Description Qty UM Unit Cost Total Cost1 General Excavation 3889 CY 13.50$ 52,501.50$ 2 Removal of Structures and Obstructions 1 LS 20,000.00$ 20,000.00$ 3 Aggregate Base 3519 Ton 18.50$ 65,101.50$ 4 Paving 1852 Ton 74.00$ 137,048.00$ 5 Concrete Curbs 3000 LF 12.75$ 38,250.00$ 7 Concrete Driveways/Walks 18000 SF 5.80$ 104,400.00$ 8 Metal Handrails 1000 Foot 65.00$ 65,000.00$ 9 Unit Pavers 12000 SF 9.25$ 111,000.00$

10 Topsoil 450 CY 50.00$ 22,500.00$ 11 Soil Conditioner 90 CY 47.00$ 4,230.00$ 12 Trees 2" 90 EA 300.00$ 27,000.00$ 13 Tree Grates 90 EA 1,150.00$ 103,500.00$ 14 Root Barrier 1800 LF 12.00$ 21,600.00$ 15 Irrigation System 3000 LF 25.00$ 75,000.00$ 16 Switching, Conduit, Wiring Trees 3000 LF 21.50$ 64,500.00$

Sub Total 911,631.00$


Sub Total 10% 302,664.72$


Sub Total 27% 806,091.97$

Total 2,020,387.69$

2015 PricesOutside of Couplet5400 linear feet of walk per this standard

Item Description Qty UM Unit Cost Total Cost1 General Excavation 2000 CY 13.50$ 27,000.00$ 2 Removal of Structures and Obstructions 1 LS 5,000.00$ 5,000.00$ 3 Aggregate Base 1600 Ton 18.50$ 29,600.00$ 4 Paving 400 Ton 74.00$ 29,600.00$ 5 Concrete Curbs 5400 LF 12.75$ 68,850.00$ 7 Concrete Driveways/Walks 32400 SF 5.80$ 187,920.00$ 8 Luminaries, Lamps, Ballasts 5400 LF 13.50$ 72,900.00$ 9 Switching, Conduit, Wiring Lights 5400 LF 15.40$ 83,160.00$

10 Switching, Conduit, Wiring Trees 5400 LF 21.50$ 116,100.00$ 11 Weed Control 1 AC 2,800.00$ 2,800.00$ 12 Seeding 1 AC 2,100.00$ 2,100.00$ 13 Topsoil 333 CY 50.00$ 16,650.00$ 14 Soil Conditioner 80 CY 47.00$ 3,760.00$ 15 Trees 2" 154 EA 300.00$ 46,200.00$ 16 Root Barrier 3080 LF 12.00$ 36,960.00$ 17 Street Lighting 36 EA 1,950.00$ 70,200.00$ 18 Pole Foundations 36 EA 600.00$ 21,600.00$ 19 Irrigation System 5400 LF 25.00$ 135,000.00$

Sub Total 955,400.00$


Sub Total 10% 302,664.72$


Sub Total 27% 806,091.97$

Total 2,064,156.69$

2015 PricesStorm Improvements4000 feet to go to Public Works from G Street

Item Description Qty UM Unit Cost Total Cost1 Removal of Structures and Obstructions 1 LS 50,000.00$ 50,000.00$ 2 12 inch storm sewer pipe 500 LF 39.00$ 19,500.00$ 3 18 inch storm sewer pipe 500 LF 52.00$ 26,000.00$ 4 24 Inch storm sewer pipe 4000 LF 56.00$ 224,000.00$ 5 Storm Manholes 5 EA 2,000.00$ 10,000.00$ 7 Manholes with Inlet 10 EA 3,000.00$ 30,000.00$ 8 Catch Basins 40 EA 1,200.00$ 48,000.00$ 9 Paving 2963 Ton 74.00$ 219,262.00$

10 Concrete Curbs 500 LF 12.75$ 6,375.00$ 11 Concrete Walks 500 SF 5.20$ 2,600.00$ 12 Storage Pond 70000 SF 6.50$ 455,000.00$ 13 Weed Control 2 AC 2,800.00$ 5,600.00$ 14 Seeding 2 AC 2,100.00$ 4,200.00$ 15 Water Quality Seeding 1 AC 10,000.00$ 10,000.00$ 16 Topsoil 1296 CY 50.00$ 64,800.00$ 17 Soil Conditioner 100 CY 47.00$ 4,700.00$ 18 Trees 2" 40 EA 300.00$ 12,000.00$ 19 Shrubs 250 EA 18.00$ 4,500.00$ 20 Irrigation System 1500 LF 25.00$ 37,500.00$

Sub Total 1,234,037.00$


Sub Total 10% 122,786.68$


Sub Total 27% 327,019.81$

Total 1,683,843.49$

9,919,001.07$ 11,061,669.99$

Total Cost in 2015 Project DollarsInflated to 2022 Dollars Using GDP

Jefferson County uses GIS data in support of its internal business functions and the public services it provides. This GIS data, which Jefferson County distributes, may not be suitable for other purposes or uses. It is the requestor's responsibility to verify any information derived from the GIS data before making any decisions or taking any actions based on the information. Jefferson County shall not be heldliable for any errors in the GIS data. This includes errors of omission, commission, errors concerning the content of the data, and relativeand positional accuracy of the data. Jefferson County assumes nolegal responsibility for this information.

Jefferson County GIS

©

Earl to Colfax Sidewalk Exhibit A Printed 07/23/2019

jhurd

Polygonal Line

jhurd

Text Box

Construct Walk to City Standards. Includes Landscape strip, street trees, irrigation, electrical outlets, street lighting. See City Detail 7-7, 7-8A, 7-8B, 7-14A, 7-14B, and TSG007330

jhurd

Polygonal Line

jhurd

Polygonal Line



©

Earl to Colfax Sidewalk Exhibit B Printed 07/22/2019

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Text Box

Replace Walk/Driveways to meet City Standard. Includes pavers, tree wells, irrigation, electrical outlets, street lighting. See City Detail 7-2, 7-7, 7-8, 7-8A, 7-9, 7-10, 7-10A, 7-10B, and TSG007330

jhurd

Polygon

jhurd

Callout

Stormwater Pond

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Text Box

Storm Piping



©

Earl to Colfax Sidewalk Exhibit C Printed 07/22/2019

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Text Box

Replace Walk/Driveways to meet City Standards. Includes pavers, tree wells, irrigation, electrical outlets, street lighting. See City Detail 7-2, 7-7, 7-8, 7-8A, 7-9, 7-10, 7-10A, 7-10B, and TSG007330

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Text Box

Storm Piping



©

Earl to Colfax Sidewalk Exhibit D Printed 07/22/2019

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Text Box

Replace Walk/Driveways to meet City Standards. Includes pavers, tree wells, irrigation, electrical outlets, street lighting. See City Detail 7-2, 7-7, 7-8, 7-8A, 7-9, 7-10, 7-10A, 7-10B, and TSG007330



©

Earl to Colfax Sidewalk Exhibit E Printed 07/22/2019

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Text Box

Construct Walk to City Standards. Includes landscape strip, street trees, irrigation, electrical outlets, street lighting. See City Detail 7-7, 7-8A, 7-8B, 7-14A, 7-14B, and TSG007330



©

Earl to Colfax Sidewalk Exhibit F Printed 07/22/2019

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Polygonal Line

jhurd

Text Box

Construct walk to City Standards. Includes landscape strip, street trees, irrigation, electrical outlets, street lighting. See City Detail 7-7, 7-8A, 7-8B, 7-14A, 7-14B, and TSG007330



Date Submitted: May 5, 2020 Meeting Date: May 12, 2020 To: Mayor and City Council Members From Charo Miller, HR & Administrative Director Through: Gus Burril, City Administrator Subject: VACATION TIME ROLLOVER EXTENSION REQUEST DUE TO

COVID19 A request from City Staff for Council to approve the extension of the regular vacation carryover. TYPE OF ACTION REQUESTED:



Consent Agenda No Action - Report Only MOTION FOR COUNCIL ACTION: That the City Council approve the extension of the vacation rollover plan for City Staff until October 31, 2020. OVERVIEW AND STAFF ANALYSIS The occurrence of the novel coronavirus, or COVID19, has caused the inability for City staff to utilize their previously earned vacation time for over 2 months of time. In addition to this, City staff has successfully continued working within state mandated social distancing rules, at nearly full capacity. Staff annually takes advantage of rolling unused earned vacation time from the previous fiscal year into the new fiscal year, having the ability to utilize this time prior to August 31 as opposed to losing it per the vacation time policy in the most recent Personnel Manual. City staff would like to be able to utilize an extension of the regular vacation rollover practice so previously earned vacation time is available for use through the 31st of October 2020. Previously, staff would have been required to submit, in writing, a request for an additional 2-month extension. There will be no cash out value for extended vacation time; all unused vacation time from the 19-20 fiscal year will be lost after midnight on October 31, 2020.


SUMMARY:

A. General Coordination: HR & Administrative Director will make a form available for staff to state whether or not they will choose to roll any unused vacation time from the 19-20 fiscal year. Staff will sign the form and return to HR. Madras Police Department Staff are not eligible for this extension. A Personal Action Form will be completed for each rollover request and submitted to payroll and the identified unused vacation time will be extended for use until midnight on October 31, 2020. All unused vacation time from this rollover leave bank will be lost. There is no impact on the new vacation time earned for the 20-21 fiscal year.

B. Explanation of Impact:

• Impact is on staff coverage and workflow planning in the absence of vacationing staff. No cash out value to this time will be offered.


• Attachment A: FY 19-20 leave summary RECOMMENDATION/MOTION: Staff recommends Council approve the extension of the vacation rollover plan for City Staff until October 31, 2020.

125 SW “E” Street, Madras, OR 97741 Phone: 541-475-2344

MEMO

Date: 5/31/2020

To:

From: Charo Miller, HR and Administrative Director

Re: Current leave balances as of May 25, 2020

Leave Type Remaining

Balance Notes

Vacation

Must be used during current fiscal year

Administrative


Floating Holiday


Comp Time

Can accrue a total of 39 hours each fiscal year

Sick

Carries over year-to-year

To limit the amount of vacation carry over, and to ensure that everyone gets to take time off as they wish, please schedule ahead with your supervisor so that department work schedules can be coordinated in advance. If you do not plan to have all your current vacation used by June 30th, please complete and submit the Carry Over Request, and return to HR no later than June 1, 2020.

------------------------------------------------------------------------------------------------------------------------------- CARRY OVER REQUEST:

I, ___________, request to carry over any vacation hours remaining June 30, 2020 for a period of 4 months. I understand that these hours must be used by October 31, 2020. If not used, the hours will no longer be available and void.

_________________________________________ ______________________ Employee Signature Date



Date Submitted: May 5, 2020 Meeting Date: May 12, 2020 To: Mayor and City Council Members From: Charo Miller, HR & Administrative Director Through: Gus Burril, City Administrator Subject: REVISIONS TO THE CITY’S INFORMATION TECHNOLOGY SYSTEMS

SECURITY POLICY WITHIN THE PERSONNEL MANUAL TO REFLECT CURRENT TECHNOLOGICAL AND PRIVACY RIGHT REQUIREMENTS A request to replace the current IT Systems Security Policy Section within the current Personnel Manual until the next formal adoption of Personnel Manual Updates.

TYPE OF ACTION REQUESTED:



Consent Agenda No Action - Report Only MOTION FOR COUNCIL ACTION: The City Council approve replacing the current IT Systems Security Policy Section within the current Personnel Manual until the next formal adoption of Personnel Manual Updates are approved. OVERVIEW Staff recognizes that information and the protection of information is required to serve our citizens. Staff seeks to ensure that appropriate measures are implemented to protect our citizen’s information. This Cybersecurity Policy is designed to establish a foundation for our culture of security, and review and approve it annually. The purpose of this policy is to clearly communicate the City of Madras security objectives and guidelines to minimize the risk of internal and external threats while taking advantage of opportunities that promote our objectives. This policy applies to all City of Madras elected officials, employees, contractors, consultants, and others specifically authorized to access information and associated assets owned, operated, controlled, or managed by City of Madras. Additionally, leadership must ensure that all contracts and similar agreements with business partners and service providers incorporate appropriate elements of this policy. Staff must complete training and renew their


acknowledgement of this policy annually. STAFF ANALYSIS Best practices suggest the review and update of the City of Madras IT Systems Security Policy to an approved and current standard of security. The City is able to take advantage of a reimbursement up to $540 for the first phishing test if it is completed prior to June 30, 2020. The currently contracted IT consultants and support services provider, Covenant Technologies, already provides a majority of the services necessary to fulfill the policy. Staff will be working to implement any actions required by the updated policy that are not currently addressed. SUMMARY:

A. General Coordination: City Department Heads and Staff will work to implement the updated City of Madras

IT Systems Security Policy changes and apply for the reimbursement of up to $540 for the annual phishing test required. Each named staff member below will acknowledge their review of the policy and proper training of each of their reporting staff. All staff will read and sign the acknowledgment provided within the policy document attached, then return the original signed forms to the HR & Administrative Director for personnel filing.

Department Review Reviewed By Date Not Required

City Administrator Gus Burril City Attorney Jeremy Green City Recorder Lysa Vattimo Finance Kristal Hughes Community Development Nick Snead Public Works Jeff Hurd Police Tanner Stanfill

B. Fiscal Impact:

• Hourly fees per contract with Covenant Technologies & $2000 annually for phishing testing by Eide Baily.


• Attachment A: City of Madras Cybersecurity Policy 2020 with Employee Acknowledgement Form

• Attachment B: CIS Phishing Services Pricing RECOMMENDATION/MOTION: The City Council approve the request to replace the current IT Systems Security Policy section within the current Personnel Manual with the City of Madras Cybersecurity Policy 2020 until the next formal adoption of Personnel Manual updates are approved.

Question Answer Date Created Date Updated Updated By Comments

81% of max possible

Identify 100% of max possible

1 Do you have the means of identifying unauthorized hardware? Yes 6/26/2019 6/26/2019 kdurfee

2 Do you have the means of identifying unauthorized software installations on your network?

Yes 6/26/2019 6/26/2019 kdurfee

Protect 75% of max possible

1 Do you employ industry-accepted configurations/standards for mobile devices, laptops, workstations, and other hardware and software?

Yes 6/26/2019 6/26/2019 kdurfee

2 Do you limit the number of users with administrative privileges? Yes 6/26/2019 6/26/2019 kdurfee

3 Do you require users to have a complex password? Yes 6/26/2019 6/26/2019 kdurfee

4 Do you utilize multi-factor authentication? No 6/26/2019 6/26/2019 kdurfee

5 Do you employ email attachment filtering practices (i.e. whitelisting and/or blacklisting)?

Yes 6/26/2019 6/26/2019 kdurfee

6 Do you utilize filtering technologies to block incoming phishing and spam emails?

Yes 6/26/2019 6/26/2019 kdurfee

7 Do you have technologies (i.e. web proxies/web filtering) in place that limit your users access to dangerous or malicious sites?

Yes 6/26/2019 6/26/2019 kdurfee

8 Do you have a process to properly back up critical information with a proven methodology for timely recovery of it?

Yes 6/26/2019 6/26/2019 kdurfee

9 Do you securely configure your network devices? Yes 6/26/2019 6/26/2019 kdurfee

10 Do you monitor the flow of data across the network? Yes 6/26/2019 6/26/2019 kdurfee

11 Do you employ encryption for your devices (where appropriate)? Yes 6/26/2019 6/26/2019 kdurfee

12 Do you segment your network based on the sensitivity of the data traversing it?

Yes 6/26/2019 6/26/2019 kdurfee

13 Do you maintain appropriate wireless security, including the process and tools used to track, control, and prevent unauthorized use of networks?

Yes 6/26/2019 6/26/2019 kdurfee

14 Do you have written on-boarding and off-boarding policies and procedures for employees and contractors?

No 6/26/2019 6/26/2019 kdurfee

15 Do you have ongoing security awareness training? No 6/26/2019 6/26/2019 kdurfee

16 Do you perform periodic phishing exercises or social engineering tests?

Yes 6/26/2019 6/26/2019 kdurfee

Page 1 of 2Report Date: 5/1/2020

2019 Best Practices Survey ResultsCity of Madras

Question Answer Date Created Date Updated Updated By Comments

81% of max possible

Protect 75% of max possible

17 Do you identify the specific knowledge, skills, and abilities needed to defend the organization?

No 6/26/2019 6/26/2019 kdurfee

18 Do you or your vendors employ secure coding practices for your websites, apps, and other programs?

Yes 6/26/2019 6/26/2019 kdurfee

19 Do you employ web application firewalls on web servers, if you host your own website?

Yes 6/26/2019 6/26/2019 kdurfee

20 Do you have a third party vendor perform periodic external penetration tests on your network?

No 6/26/2019 6/26/2019 kdurfee

Detect 100% of max possible

1 Do you monitor your logs (firewall, system, and web logs) for anomalies and security violations?

Yes 6/26/2019 6/26/2019 kdurfee

2 Do you employ automated tools to monitor workstations, servers, and mobile devices with anti-malware and host-based firewalls, and are they kept up to date?

Yes 6/26/2019 6/26/2019 kdurfee

3 Do you manage the ongoing use of ports, protocols, and services on networked devices in order to minimize vulnerabilities?

Yes 6/26/2019 6/26/2019 kdurfee

Respond 100% of max possible

1 Do you or an outside vendor perform periodic network and web application vulnerability assessments?

Yes 6/26/2019 6/26/2019 kdurfee

2 Do you apply security patches to operating systems and applications on a regular basis?

Yes 6/26/2019 6/26/2019 kdurfee

Page 2 of 2Report Date: 5/1/2020

2019 Best Practices Survey ResultsCity of Madras

CityCounty Insurance Services (CIS) Social Engineering – Phishing Services

2 | eidebailly.com

Phishing Threat Landscape Overview Phishing is a cyber-attack that uses disguised email as a weapon. The goal is to trick the email recipient into believing that the message is specifically intended for them — a request from their bank, for instance, or a note from someone in their company — and often includes instructions to click a link or download an attachment.

What distinguishes phishing is the form the message takes: the attackers masquerade as a trusted entity of some kind, often imitating a real or plausibly real person, or a familiar company the recipient may actually do business with. It's one of the oldest and most simple types of cyberattacks, dating back to the 1990s. While it’s becoming widespread and pernicious, the attempts and techniques are becoming increasingly sophisticated.

Organizational culture is a key driver in mitigating cyberattacks. Regular, repeated security testing and training can help create a successful culture. Our social engineering services provide you with the confidence that you are taking the necessary preventative measures to proactively protect your organization.

CityCounty Insurance Services We’ve prepared the following options to assist CIS is providing phishing services for its member organizations:

• Option 1 – Phishing as a Service (Individual Member) • Option 2 – Discount on Phishing Software (Individual Member)

Detailed descriptions and pricing of these options are outlined in the sections that follow.

91% Percent of successful data breaches started with a phishing attack. - PhishMe Research

72% Percent chance of significantly reducing the business impact of a cyberattack with just a modest investment in security awareness. - Aberdeen Group & Wombat Security

25% Percent of phishing emails bypass default security measures. - Avanan

3 | eidebailly.com

Social Engineering Phishing Options Option 1 – Phishing as a Service (Individual Member) This option is intended for member organization who would like to have Eide Bailly conducted a phishing campaign for all or a subset of their users. Here are some of the highlights and benefits of this option.

• Scope of Work o We will work with the member organization to conduct phishing exercises to determine if

employees are susceptible to common email phishing scenarios. We will assess their level of awareness and comprehension of phishing attacks and compliance with company policy for handling e-mails containing links and/or attachments. This assessment will also determine their ability to recognize questionable or fraudulent messages.

o To conduct these exercises, a series of e-mails will be sent to employees. These emails can simulate a variety of scenarios, including a notice from a department head, an invoice from a vendor, or a question from a recognizable business partner, etc.

• Training o If a user fails a test simulation, a training session can be initiated. Detailed training information is

included in the report deliverable and can be used to support compliance activities.

• Reporting o A formal report outlining the results of the phishing exercise will be provided within 2-3 weeks of

completion. o For members who select quarterly, bi-monthly, or monthly campaigns, progress reports will be

provided with each exercise iteration.

# of Users Phishing as a Service Onetime

Phishing as a Service Quarterly Campaign

Phishing as a Service Bi Monthly Campaign

Phishing as a Service Monthly Campaign

1 to 50 $900 $2,500 per year $3,500 per year $5,500 per year

51 to 100 $1,250 $3,000 per year $3,700 per year $5,900 per year



Option 2 – Discount on Phishing Software (Individual Member) This option is for members who would like to purchase the KnowBe4 software so they can conduct email phishing campaigns for their own organization. Eide Bailly can provide the member organization with its own subscription to KnowBe4. Please note that while this subscription option is less expensive than Phishing as a Service, it does require initiative on the part of the organization to create, execute, and report on its own campaigns.

4 | eidebailly.com

This subscription includes the following:

• Unlimited phishing campaigns. • Access to all training videos and modules. • Access to all training material and games. • Access to USB Drive Test • In addition, Eide Baily will provide two hours of consulting time to have one of our KnowBe4 specialist

help setup your instance of KnowBe4 and provide some basic instruction and guidance.

Service KnowBe4 Diamond Level

(MSRP) KnowBe4 Diamond Level

(Eide Bailly)

Pricing Per Seat $29.50 $15.00

End of Packet